Judgment

S.B. Majmudar, J.-Municipal Board, Saharanpur having obtained the certificate of fitness to appeal to this Court under Article 133 of the Constitution of India on 12th August, 1976, has filed this appeal. While granting the certificate, the High Court has observed that the concept and meaning of the words “common compound” used in the Uttar Pradesh Municipalities Act, 1916 (hereinafter referred to as `the Act’) is required to be decided in this appeal. This appeal raises the same contentions which are raised in the Companion Appeal being Civil Appeal No. 1218 of 1976 moved by the very same appellant-Municipal Board, Saharanpur against Imperial Tobacco of India Ltd. wherein the High Court has granted a similar certificate of fitness. Even though the certificates are granted by the High Court on the common question in both these appeals and even though our decision of even date in Civil Appeal No. 1218 of 1976 will govern the present controversy, we deem it fit to highlight the facts particular to the present respond­ent and the other questions which were canvassed by the learned coun­sel for the respective parties before us in this appeal.

Background Facts :

2. The re