JUDGMENT

Takru, J. - This appeal by the state of UP is directed against an order of the Sub-Divisional Magistrate, Chail, district Allahabad by which he dismissed a complaint filed by the Improvement Trust of Allahabad u/s 185 of the UP Municipalities Act read with S. 49 of the UP Town Improvement Act. The Improvement Trust through its administrator has also filed Revision application against the same order. As both appeal and the revision application are directed against the same order, I propose to dispose them of by a common judgment.

2. The facts leading up to the order under appeal are not in dispute and may be briefly summarised as follows.

3. The Respondent to this appeal is one Sri Gir Prasad Gupta, who also styles himself as Sri Gir Prasad Varshney. He took a plot of land-being Plot No. 552-in the Mumfordganj Housing Scheme, Allahabad, on lease from the Allahabad Improvement Trust hereinafter to be referred as the Trust on certain terms and conditions, and entered into possession thereof. It appears that sometime after coming into possession of the said plot he started constructions thereon but without giving notice to, and obtaining the sanction of, the Trust. On 20-11-1951