1962 Supreme(J&K) 31
K.V.GOPALAKRISHNAN NAIR
Hansraj Tirathram – Appellant
Versus
Administrator Municipality Jammu – Respondent
Advocates Appeared:
Advocate For Appellant: Janak Lal Sehgal
Advocate For Respondent: Jaswant Singh
Advocate For Respondent: R.C. Nanda
This is a plaintiffs second appeal from the decision of the Additional District Judge at Jammu who on appeal reversed the decree of the trial court. The suit out of which this second appeal arises was instituted against the Administrator of the Municipal Committee, Jammu, for a permanent injunction to restrain him from causing the removal or demolition of the verandah of the plaintiffs shop building. The plaintiff previously owned a shop building. He applied to the Municipal Committee for sanction to re-erect it. His application was duly accompanied by a site plan of the proposed reconstruction. The Municipal Committee accorded sanction to...... reconstruct, subject to the condition that no part of the reconstructed building was to be within a distance of 22 feet from the centre of the public road which lay in front. In pursuance of this sanction, the plaintiff reconstructed the shop building. It is common ground that the old shop building was reconstructed from its very foundations. The basement of the building was substantially raised in height and other improvements of a radical nature were effected to the structure. The verandah which constituted but a subsidiary part of the bu
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