( 1 ) THE petitioner herein is the original plaintiff who instituted Regular Civil Suit No. 1669/86 in the Court of Civil Judge (J. D.) Baroda against the present respondents who are defendants challenging the legality and validity of the notice of the Vadodara Municipal Corporation issued in September 1986 under Section 260 of the Bombay Provincial Municipal Corporation Act 1949 The parties are hereinafter referred to as arraigned in the Trial Court in the plaint.

( 2 ) BY virtue of the aforesaid notice of the Corporation the plaintiffs were called upon to the remove the wooden cabin constructed on the land bearing Survey No. 122/2. The plaintiff filed the suit challenging the action of the issuance of the said notice of the Corporation for perpetual injuction. Plaintiff inter alia contended that he is one of the co-owners of the manager of the suit property situated if the Sim Harni Road Vododara and he had constructed the wooden cabin in the said land. He also contended that in the previous litigation in respect of the very land it was held by this court also that putting up wooden cabin did not amount to creation of building and no prior permission for constructi