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1942 Supreme(All) 117

ALLSOP, HAMILTON
Surjoo Bai – Appellant
Versus
Municipal Board – Respondent


JUDGMENT

Hamilton, J. - This is a second appeal by Srimati Sarju Bai, plaintiff, who has filed a suit against the Municipal Board of Jhansi to restrain the board from demolishing some tapras which stand on land of the plaintiff. No one has been able to explain to me exactly what tapras are but they are a construction of an unsubstantial and possibly of a temporary nature erected by persons who sell goods of no great value. The tapras in suit are on a piece of land 332/677 in Jhansi town. The municipal board had been in occupation of this land and the plaintiff brought a suit for possession which was finally decided in her favour in the High Court in October 1936. Prom the judgment of this Court in that suit, it appears that the municipality had been in possession of part of this land from the year 1914 and of part of this land from about the year 1916 and it used to let it in small parcels by auction. It used to take rent from these tenants but this rent was rent for the occupation of the land, for, it is nobody's case that the municipal board constructed these tapras. There is nothing to show whether the person to whom any piece of this plot was leased by the municipal board held i

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