N. Y. HANUMANTHAPPA, J.

( 1 ) THIS is defendant's first appeal. Suit was for permanent injunction to restrain the corporation from demolishing any portion of the building constructed by the plaintiff on the suit schedule property on the ground that (1) he is the owner of premises bearing No. 10. But demolition notice issued to one Sri Ramakrishna who is the owner of premises No. 7 has attached on the property of the plaintiff; (2) An action of demolition cannot be initiated by the Corporation without applying its mind to mandatory requirements of Section 321 of the bangalore City Corporation Act; (3) Before taking steps of demolition, it has to be proved that there is unauthorised construction; (4) A notice has to be issued calling upon the person to remove such obstruction or un-authorised construction and steps to demolition on refusal to remove his part.

( 2 ) AS such mandatory requirements were not complied with by the Corporation before attempting to demolish some portion of the building, the plaitiff sought for a relief of permanent injunction. The Corporation filed written statement taking its stand that the suit itself not maintainable as under Section 444 (3) of the Act the

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