N. M. KASLIWAL, J.

( 1 ) THIS Civil Second Appeal by the Municipal Council, Aimer is directed against the judgment and decree of the learned Civil Judge, Aimer, dated February 11, 1971 confirming the judgment and decree passed by the Munsif Magistrate, Aimer City (East), Ajmer in Civil Suit No. 80/66.

( 2 ) THE facts of the case in narrow-compass are that the plaintiff-respondent brought a suit for perpetual injunction against the Municipal Council, Ajmer on the allegations that the plaintiff, with a view to put up constructions on the site at Daulat Bagh given in the plan attached with the plaint, applied to the Municipal Council, Aimer on 1-9-1965 for granting sanction of the constructions mentioned in the aforesaid plan. The said plan with the modification mentioned in the letter, by the defendant-council dated 8-10-1965 was sanctioned and the same was duly conveyed to the plaintiff with the corrected sanctioned plan by the aforesaid letter dated 8-10-1965. The defendant subsequently, by its letter dated 6-11-65, which was delivered to the plaintiff on 17-2-66 conveyed to the plaintiff not to start constructions till further orders from the defendant. According to the