1. The respondent herein, Bakshi Amar Nath, filed a suit in the court of the Sub-Judge Jammu for an injunction restraining the appellant, Administrator, Municipal Council, Jammu, from dismantling the shop constructed by the respondent at Denis Gate, Vir Marg, Jammu. The suit was decreed in favour of the respondent and the judgment and decree of the Sub-Judge were confirmed in appeal by the District Judge, Jammu. The appellant, Administrator, Municipal Council, Jammu has filed the present second appeal against the said judgment of the learned District Judge.

2. The admitted facts are that the respondent made an application on 28-1-3967 to the appellant for granting him permission to construct a shop on a piece of land situated in Vir Marg, Jammu. The application was accompanied by a plan of the proposed construction. The appellant sent a communication dated 1-2-1967 to the respondent to the effect that his application had been forwarded to the PWD authorities for verification and report and that pending the receipt of the report by the PWD authorities and the passing of the final order on the respondents application by the appellant, the said application was for the time being reject

Click Here to Read the rest of this document