, J.

1. Arya Vidya Mandir, the defendant, challenges in this revision petition order dated April 29, 1989, passed by the Additional District Judge, Sirsa, dismissing the appeal filed against the order of the trial Court dated October 24, 1987, granting ad interim injunction restraining the defendant from raising construction on the plot under a plan sanctioned by the Municipal Committee which was not validly sanctioned and was in violation of the Municipal Buildings Bye-laws. The bye-laws aforesaid provided that there could not be construction on a covered area more than 33-1/3 % of the area of the plot owned by a public institution Reliance was placed by the Courts below on the advice of the Legal Adviser attached to the Municipal Committee given on March 26, 1987, and his note dated April 2, 1987 to the effect that the proposed construction was on an area more than 33-1/3 % of the total area. It was also noticed that earlier the Municipal Committee on the aforesaid advice had rejected the plan on June 25, 1987. However, subsequently the plan was sanctioned on July 8, 1987 that the present suit was filed by Dr. Ram Sarup, a neighbour.

2. It may be stated that earlier Dr. R