Bhandari, J.

1. This second appeal raises the question whether roofing or re-roofing of a building falls within the ambit of the expression "erect or re-erect" appearing in Section 195, Punjab Municipal Act, 1911 .

2. On 22-9-1949 the Municipal Committee of Delhi issued a notice to the plaintiff under Section 195, Punjab Municipal Act, 1911 , requiring him to remove a roof which had been constructed without the permission of the Committee. On 22-11-1949 the plaintiff brought an action for the issue of an injunction restraining the Municipal Committee from demolishing the roof. The trial Court found in favour of the plaintiff and the decree passed by it was upheld by the Senior Subordinate Judge in appeal. The Municipal Committee is dissatisfied with the order and has come to this Court in second appeal.

3. It is common ground that the plaintiff removed the tin roof of a barsati and replaced it by a roof made of cement. Section 195 of the Act of 1911 empowers a Municipal Committee to issue notice to the owner requiring him to demolish the building if it is satisfied that the building has been erected or re-erected without the sanction of the Committee. The expression "erect