Judgment

SABYASACHI MUKHARJI, J. :- This appeal raises the question as to the scope and ambit of the powers of the Municipal authorities under Section 260 read with Sec. 478 of the Bombay Provincial Municipal Corporation Act, 1949. There were four suits out of which gradually four Letters Patent appeals came to be decided by the High Court of Gujarat. Out of these four letters patent appeals, the Municipal Corporation has come up in one of the appeals before us, i.e. Appeal No. 188 of 1974 which arose out of first Appeal No. 10 of 1968 which again arose out of the Civil Suit No. 311 of 1966.

2. The short facts are that on the 26th March, 1960, the plaintiff-respondent therein purchased a built-up house. In 1965, there was construction of some walls without the sanction of the Municipal Corporation. On the 21st July, 1965 notice was issued by the Estate Officer of the Municipal Corporation under Section 260 (1) (a) of the Bombay Provincial Municipal Corporation Act, 1949. In reply to this notice, the plaintiff-respondent contended that the impugned construction was not made by the plaintiff but was in existence when she had purchased the premises. On 6th Sept. 1965, a suit was institu