Gokal Chand Mital, CJ.-Gautam Chand obtained a decree for permanent injunction against Municipal Council, Barmer to the effect that Municipal Council, Barmer shall not disturb Gautam Chand’s possession over the shop in dispute except in due course of law. Initially Gautam Chand was a licencce of Municipal Council, Barmer for the shop in dispute but since he sub-let the premises, the licence was cancelled and he was declared to be in unauthorised possession.

2. After the decree was passed, Municipal Council, Barmer dispossessed sub-licencee of Gautam Chand and look possession of the shop in dispute. This led to Gautam Chand filing an application under Order 21, Rule 32, C.P.C. The executing Court has directed Municipal Council, Barmer to restore the possession of the shop to Gautam Chand, as it was found that no steps were taken by Municipal Council. Barmer to take possession in accordance with law. This is revision by Municipal Council, Barmer.

3. Counsel for the Municipal Council states that the Court below relied upon unamended provisions of Section 203 of the Rajasthan Municipalities Act, 1959 (hereinafter will be referred to as ‘the Act’) whereas Section 203(3) of the