JUDGMENT

Verma, J. - This is an appeal by the defendant Board in a suit for a perpetual injunction restraining it from demolishing certain constructions of the plaintiff. The suit was dismissed by the trial Court but the lower Appellate Court has decreed it. The plaintiff-respondent applied to the Municipal Board for permission to make certain constructions and the Board granted the application and sanctioned the erection of the building proposed by the plaintiff. It is common ground that the plaintiff in making the constructions has not done anything which can be said to be in contravention of any directions made by the Board or in contravention of any provision of the law or of any bye-law. It is clear therefore that whatever the plaintiff, respondent has done is not within Section 185, Municipalities Act. It appears that some time after the plaintiff-respondent had completed his constructions, correspondence ensued between the Municipal Board and the Collector of the District, and ultimately on 14th June 1934 the Collector wrote to the Municipal Board saying that Habibullah had made an encroachment on "nazul land over a public well," and directed that the encroachment should be r