JUDGMENT :- This second appeal arises out of a suit for injunction. The plaintiff sought the removal of a Gumti and a decree for permanent injunction restraining the defendants from interfering with the plaintiff s right to construct on the land in dispute. The two defendants are (1) Nagar Palika, Moghal Sarai and (2) Vibhuti Singh.

2. The facts in brief are these :

It was claimed that the defendant No. 1 allotted the land in dispute in favour of the plaintiff on 1st of December, 1969 and the allotment was by way of a lease for a period of eight years. The plaintiff was directed to construct a Pucca shop on the said land. The defendant No. 2, in collusion with the defendent No. 1, was alleged to have put up a tin Gumti some five or six days before the suit and it was alleged that the said defendant No. 2 was seeking to interfere in the plaintiff s construction. The defendant No. 1 was not providing any redress to the defendant No. 2 even though the former was moved to do so. The defendant No. 2 contested the suit on various grounds. He claimed rights on the ground that on 18th Oct, 1969, the land in question had been settled with him on a daily fee or rental of Re. 1/- and since th

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