The High Court in second appeal has restored the decision of the trial companyrt.
344 was companystructed on the land belonging to the respondent.
Thereafter the owner of the shop instituted the suit from which this appeal has arisen seeking a perpetual injunction restraining the Cantonment Board from, getting the kiosk removed.
Appeal by special leave from the judgment and order dated February 2, 1965 of the Allahabad High Court in Second Appeal No.
As that demand was number companyplied with, a final numberice under s. 187 was given to him on December 8, 1953.
According to the finding of those companyrts the kiosk in question was put up without obtaining the permission of the Cantonment Board.
The stone projection was companystructed over the drain adjoining the road after obtaining the permission of the Cantonment Board.
344 under s. 187, requiring him to demolish and remove the kiosk within 7 days from the receipt of that numberice.
On November 9, 1953, the Cantonment Board issued a numberice to the occupier of shop No.
CIVIL APPELLATE JURISDICTION.
Civil Appeal No.
The first appellate companyrt has found and that finding has been accepted by the High Court that about 18 years prior to the institution of the suit, the owner of the shop, put up a wooden kiosk over the stone projection and the same is being used as a pan shop.
2097 of 1958.
747 of 1966.
P. Rana, for the appellant.
The Judgment of the Court was delivered by Hegde J.,, The only question arising for decision in this appeal by special leave is whether the numberices impugned in these pro ceedings are governed by s. 185 1 or s. 187 1 of the Cantonments Act, 1924.
N. Bhardwaj, for respondent No.
and held that s. 187 1 governs.
The first appellate companyrt differed from it.
The shop in question was companystructed about 20 years before the institution of the suit from which this appeal arises.
B. Agarwala and 0.
344 in Mohalla Bakri, Lal Kurti Bazar, Meerut Cantt.
The respondent is the owner of shop No.
At about the time of the companystruction of that shop permission was obtained from the Cantonment Board to put up, a stone projection over the drain by the side of the Toad in front of the shop to facilitate ingress into the shop and egress therefrom.
