The Munsif found that the plaintiff has title to the said site and decreed the suit for possession as well as for permanent injunction.
3211 and the Municipality has number shown how the plaintiff has lost his title to the kacha strips of land forming part of the said plot.
138 of 1948 in the Court of the Munsif, Deoband.,
One second appeal, the High Court of Allahabad held that the plaintiff has title to plot No.
The plaintiff, who is the owner of plot No.
Appeal by special leave from the judgment and decree dated January 1, 1960, of the Allahabad High Court in Second Appeal No.
1416 in khewat No.
He further held that though the defendant has numberright to restrict the use of the public road by putting up the alleged companystructions, the plaintiff has also numberright to object to the same.
On appeal, the 2nd Civil Judge, Saharanpur, held that a road includes the patris on either side of it, and that the said road along with the patris has been under the management of the Municipal Board for several decades and that the plaintiff has lost title to the same.
On that finding, it set aside the decree of the learned 2nd Civil Judge, Saharanpur, and restored that of the Trial Court.
Hence the present appeal.
The Municipality was seeking to erect a structure on the vacant site wherein it intended to instal a statue of Mahatma Gandhi and also to put up two rooms on either side for piyo and library.
There is a vacant site lying in between the nalis and the road.
3211 in abadi No.
445 of 1952.
The defendant, inter alia, pleaded that the said site was part of the road which vested in it.
for a permanent injunction to restrain the Municipal Board, Manglaur, from putting up the said structures on the suit site and for delivery of possession of the same to the plaintiff.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
3211, filed Suit No.
841 of 1962.
Mohan Behari Lal, for the appellant.
Through the said plot runs a public road and two nalis on the numberth and south of the said road.
216 in the town of Manglaur.
There is also a water pipe running through the said plot which belongs to the defendant Municipality.
S. P. Sinha and Dharam Bhushan, for the respondent.
The plaintiff is the owner of plot No.
The Judgment of the Court was delivered by Subba Rao, J. This appeal by special leave raises the ques tion of the right of a Municipality to a vacant piece of land adjacent to a metalled public road.
