G.C.Mital, J.

1. In this Second Appeal, the counsel for the plaintiff- appellant has raised a point that the first appeal filed by respondent- Municipal Committee, before the lower appellate Court, against the decree of the trial court, decreeing plaintiffs suit was not competent inasmuch as no resolution was filed with the first appeal, either taking a decision for filing an appeal against the judgment and decree of the trial Court for authorising a person to sign and file appeal on behalf of the Municipal Committee and therefore, he submits that on this short ground alone, this second appeal should be allowed and the appeal before the lower appellate court should be held incompetent thus setting aside judgment and decree of the lower appellate court and restoring those of the trial court.

2. The plaintiff-appellant filed a suit challenging the validity of Notice Exhibit P/1 dated May 31, 1974 issued by respondent-Municipal Committee under Section 172 of the Punjab Municipal Act, under which the plaintiff was directed to remove the encroachment within a period of three days failing which the same was to be removed at his expense, by the Municipal Committee. Prayer in the s