ATA KARIM Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) This is an appeal by the plaintiff in a suit in which the following relief was prayed for: The plaintiff prays that the Municipal Board be ordered not to offer any sort of interference and not to restrain the plaintiff from making constructions in respect of the mosque in question, shown in the annexed map, and not to enforce the District Magistrate's order, dated 12 September 1927, for the demolition of the said mosque.

(2.) The plaintiff came into Court on the allegation that he owned a mosque in mohalla Danrya in ward Chandiana within the Municipal limits of Fatehpur, that the mosque being in a dilapidated condition, he applied to the Municipal Board for leave to re-erect the mosque on 6 June 1927, that the Municipal Board granted him permission on 2 July, 1927, that later on, two persons namely, Amar Nath clerk to B. Bans Gopal Vakil and one Basdeo made an application in the Court of the District Magistrate by way of an appeal and that the District Magistrate by his order dated 12 September 1927, allowed the appeal and directed that the Municipal Board should pull down the portion of the mosque which had been built up afresh.

(3.) The suit was originally directed against the Municipal Board of Fatehpur. The Court of first instance dismissed the suit on the ground that having regard to the provisions of Section 318 and Section 321, United Provinces Municipalities Act (Act 2 of 1916, Local), the suit was misconceived and that the civil Court had no jurisdiction to entertain the suit. The lower appellate Court has affirmed this decision. It is contended by the plaintiff in second appeal that the civil Court had jurisdiction to entertain the suit as brought.