OAK, C.J. :- This second appeal by plaintiff arises out of a suit for permanent injunction. The Tulsipur Sugar Company Limited filed a suit against the Town Area Committee, Tulsipur, on the following allegations.

2. The plaintiff is a joint stock company carrying on the business of manufacturing and selling sugar at the Sugar Factory at Tulsipur. The factory w situate within the agricultural village of Shitalapur, district Gonda. The plaintiff has to import stores and materials for the purposes of the factory. In the year 1955 a notification under Section 3 of the U.P. Town. Areas Act, hereinafter referred to as 'the Act', was issued establishing a Town Area at Tulsipur. The notification under Section 3 of the Act is void and has no legal effect. In the year 1959 the authorities took certain steps to introduce octroi duty for the Town Area. A series of notifications were published in 1959 and 1960 on this subject. These notifications also are invalid. The result is that no octroi duty is in force within the Town Area. Further, the plaintiff in particular is not liable to pay any octroi duty. But the defendant has been interfering with the plaintiff's business. The defendant