MEERUT MUNICIPAL BOARD Vs. MSAMUEL

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for demolition of certain buildings and for possession over their site. There was a further prayer for a mandatory injunction directing the defendants to construct a certain drain.

(2.) The plaintiff in this case is the Municipal Board of Meerut. It is their case that they are the owners of the public road which runs from the clock tower to Akhtar Masjid in the city of Meerut, and towards the east of that road there is a Municipal drain, beyond which are situate houses Nos. 334 to 348, which belong to the defendants.

(3.) The defence was that there was no encroachment on any portion of the public road and that the plaintiff is not entitled to have the constructions demolished. It was further alleged that the constructions were not made illegally. The sanction of the Municipal Board was deemed to have been given to the defendants under Section 180, U.P. Municipalities Act, 1916. Furthermore, when the Municipal Board gave notice to-the defendants to demolish the constructions in dispute the defendants made an appeal to the- District Magistrate of Meerut. This appeal was decided in favour of the defendants and, accordingly it was averred that the suit was barred under Section 321, U.P. Municipalities Act. Them were other-pleas, which it is not necessary to examine.