JUDGEMENT :- This is a plaintiffs second appeal in a suit for removal of a construction made on 8 sq. yards of land of the patri of the road in front of the plaintiffs house. The Municipal Board, Bilandshahr, is the first defendant and the second defendant is the person who has raised the constructions sought to be removed. The suit has been dismissed by bath the courts below. Hence, the second appeal.

2. The plaintiffs came to court with the allegations that they have a single storeyed Pacca house on plot No. 285 abutting on the police-line road at Bulandshahr; that the second defendant had also filed a suit No. 543 of 1964 in the court of 1st Additional Munsif, Bulandshahr, against the present plaintiffs in which she had obtained an interim injunction against them and under the cover of that injunction, she had erected the two storeyed house on some 8 sq. yards of land belonging to the plaintiffs and some 27.7/9 sq. yds. of land in front thereof on the road patri which the defendant Municipal Board had purported to let out to the second defendant under a resolution dated 29th Nov. 1961. It was pleaded that the defendant Municipal Board had no right to let out the land forming part

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