This is plaintiffs Second Appeal arising out of a suit filed by him for permanent injunction restraining the defendant-respondent Nagar Mahapalika, Kanpur, through the Administrator, Nagar Mahapalika, Kanpur, its employees, agents, and Inspectors etc. from demolishing the Chhajja of plaintiffs house situated in No. 124-A/53, Govind Nagar, Kanpur. The case taken by the plaintiff-appellant was that he had made the construction according to the approved and sanctioned plan but on 28th of July, 1967 two inspectors of the defendant along with two peons came and demolished the three Chhajjas of the plaintiffs house. He filed a criminal complaint and reconstructed the aforesaid three Chhajjas. It was alleged that no notice had been given to him by the defendant before demolishing the Chhajjas.

The suit was contested by the defendant, inter alia, on the ground that "a notice under Section 10 of the U. P. Regulation of Buildings Operation Act of 1985 had been given to the plaintiff" but he refused to accept the same. It was also contended that the disputed Chhajjas had not been made according to the sanctioned plan.

The trial Court framed several issues and held that the d