JUDGMENT

Arun Kumar, J.-These appeals are directed against a judgment and decree passed by the High Court in Letters Patent Appeals No. 110 of 1993, 111 of 1993 and 112 of 1993. So far as the legal aspect of the case is concerned it relates to interpretation of Section 313 of the Bombay Municipal Corporation Act (hereinafter referred to as the Act ). Rest of the matter relates to findings of fact arrived at by the High Court which do not call for interference in these Civil Appeals.

2. Briefly, the facts are that the appellant is running a tea-stall for which he has put up a structure on the street at the junction of Kalbadevi Road and Jambulwadi Lane. Respondent No. 1 is the owner of the building on that corner. The tea stall set up by the appellant on the street abuts the building owned by Respondent No.1. Respondent No.1 filed a suit for declaration, mandatory injunction and permanent injunction with the following prayers:

"(a) For a Declaration that the suit structure put up by the 3rd defendant is an unauthorized structure and also an encroachment on the plaintiff s rights and property.

(b) For a Mandatory Order and injunction that the defendan