Judgement

Appeal (No. 64 of 1935) from a decree of the High Court (December 21, 1933) reversing in second appeal a decree of the Second Additional Subordinate Judge at Allahabad (November 14, 1932) which had reversed a decree of the Court of the Munsif at Allahabad (June 19, 1931).

The question for determination in this appeal was whether the appellant, as the hereditary owner of land upon which ran a public street vested in and controlled by the Municipal Board of Allahabad, was entitled to require the demolition of a portico or covered-in shelter running the length of a shop belonging to the respondents other than the Municipal Board and abutting on the street, and which had been erected by them with the sanction of the Board acting in pursuance of the powers in that behalf contained in the United Provinces Municipalities Act (II. of 1916). In the action the appellant claimed a mandatory injunction for the demolition of the portico, and damages and other relief.

The facts and the relevant statutory provisions appear from the judgment of the Judicial Committee.

The Munsif dismissed the suit.

The Subordinate Judge held that no claim for damages had been made out, but that the appel