Judgment

KAPUR, J. : This is an appeal against the judgment and decree of the High Court of Judicature at Bombay. The appellant was the defendant in a suit brought by the respondent who was the plaintiff and the facts giving rise to the appeal are these :

2. The respondent was the occupant of unalienated land, Survey No. 145, Hissa No. 2 of Mahad in the district of Colaba. He applied on November 1, 1941, to the Collector for permission to construct a temporary shed for one year on the above-mentioned land and permission was granted on January 9, 1942. The respondent made another application for extension of the period of the permission of two years. On enquiry it was found that the respondent had constructed permanent structures without leaving an open space of 20 feet between the road and the building and when asked to leave this space open he refused to do so and therefore the application dated September 9, 1942 was dismissed. On March 28, 1943, the respondent made another application stating that he was prepared to remove the building which was within 20 feet of the road. The Collector accepted this request and asked the respondent to remove that portion of the building which was