( 1 ) THIS second appeal under section 100 of the Code of Civil Procedure, as it stood prior to its amendment by Act 104 of 1976, challenges the judgment and decree of the Additional District Judge dated 3. 9. 76 affirming the judgment and decree dated 21. 12,74 of Subordinate Judge 1st Class whereby the suit of the plaintiff-respondent was decreed, restraining the appellant. Municipal Corporation of Dcihi from demolishing the structure of the disputed property raised by the plaintiff after getting the plan sanctioned.

( 2 ) BRIEFLY the facts are that the plaintiff is the owner of plot No. 41-B, Rajpur Road, Delhi. He applied to the appellant for sanction of a building plan for construction on the said plot which was sanctioned vide letter dated 13. 8. 68. and it was communicated to the plaintiff vide letter dated 20. 8. 68. The plaintiff constructed the building. He sent a notice in writing on 6. 9. 69 under section 31-6 of the Delhi Municipal Corporation Act, 1957 (hereinafter called the Act ) apd deposited necessary fees for obtaining a completion certificate to enable him to occupy the building. The plaintiff alleges that the officials of the Corporation visite