JUDGMENT

S.N. Singh, J. - This is a plaintiff's second appeal in a suit for permanent injunction praying that defendants 1 and 2 who are the Municipal Board, Ujhani, and the Executive Officer, Municipal Board, Ujhani, be restrained from demolishing the shop in question, the details of which have been given in the plaint and from evicting the plaintiff from the shop aforesaid.

2. The case of the plaintiff, in brief, is that the plaintiff is a tenant of a shop which appertains to a tomb of Nawab Abdullah Khan, situate in mohalla Narainganj, Ujhani, to the east of Bareilly-Mathura Road. The plaintiff alleged that the defendants 1 and 2 had wrongly served the plaintiff with a notice under Sections 186 and 211 of the U. P. Municipalities Act with ulterior motives for demolition of the building and removal of the materials against which the plaintiff appealed but his appeal was rejected by the Additional District Magistrate Budaun. The plaintiff further said that this order of the Additional District Magistrate, Budaun, cast cloud on the plaintiff's rights and the plaintiff had apprehension that his shop would be demolished. It was said that the notice issued by defendant No. 1, the Execu