( 1 ) THIS regular second appeal was referred to a larger Bench at the instance of one of us (Andley J.) because at that time it was felt that the view expressed by Deshpande, J. in R. S. A. No. 328-D of 1962 in re: Municipal Corporation of Delhi v. Bheri Rain which was decided on January 20, 1971, may require recon sideration. After hearing arguments in this matter, we feel that this appeal can be decided upon its own facts.

( 2 ) SHORTLY stated, the facts are that the respondent had built a building, according to her, in 1957 and, according to the appellant Corporation, in 1960 without its sanction and a notice was served upon the respondent by the Corporation requiring her to demolish the prenmises. The respondent filed a suit in the trial Court for a permanent injunction to restrain the appellant Corporation from demolishing the building. The trial Court by its judgment and decree dated January 10, 1962 dismissed the suit. The respondent thereupon filed an appeal which was heard by the Additional Senior Subordinate Judge. Delhi, who allowed the appeal by his judgment dated January 28. 1963.

( 3 ) ONE of the questions of fact which was in issue between the parties wa