JUDGMENT - M.S. JAMDAR, J.:---This appeal arises against the decree dismissing plaintiff's suit for injunction and against the order simultaneously passed rejecting appellant's notice of motion for interim injunction. The appellant is a tenant of a room on the terrace of a building situate on Plot No. 134, Govindji Kani Road, Dadar, Bombay. On the allegation that the appellant unauthorisedly constructed a shed adjoining the room in his possession, the respondent-Corporation served a notice on the appellant under section 351 of the Bombay Municipal Corporation Act calling upon him to show cause why the unauthorised construction mentioned in the notice should not be demolished. This notice dated September 5, 1980 was received by the appellant on November 12, 1980. It was issued by the Deputy Municipal Commissioner, Zone II. To this notice appellant gave a reply on November 18, 1980 through his Advocate contending inter alia that he was not carrying out any new construction but he was just repairing the old structure which was in a very dialpidated condition and to repair the same he had sought permission of the Corporation on several occasions, but without granting such permission a

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