( 1 ) THIS appeal is directed against the judgment and order passed below Exh. 5 (Notice of Motion) in Civil Suit No. 303 of 1988 by City Civil Court Ahmedabad on 2nd February 1988.

( 2 ) THE appellant is original-plaintiff who instituted the aforesaid suit for a declaration and injunction against the respondent original-defendant Municipal Corporation restraining it from removing the plaintiffs pan-galla (Stall) situated on a public street. The plaintiff inter alia contended in the suit that he is a monthly tenant of Shree Talkies since last so many years and he is regularly paying rent to the landlord. The Corporation while acquiring the land on which the pan-galla is situated has not followed the prescribed procedure in Bombay Provincial Municipal Corporation Act 1949 (BPMC Act ). The pan-galla is situated on land bearing Survey No. 146-177/2 having Municipal Census No. 9801 It is also the case of the plaintiff that he has been paying municipal taxes alleging that the action of Corporation is unlawful and illegal and against the principles of natural justice. The suit came to be filed. The Notice of Motion was taken out requesting for interlocutary injunction dur