( 1. ) THIS appeal is filed by plaintiff against dismissal of his suit.

( 2. ) PLAINTIFF has filed a suit for declaration and perpetual injunction against the respondent. Plaintiff claimed that he owned a immovable property bearing House No. 40/955/3 (Old) now 40/1024 and the number of said house is again changed to 44/1034/1, which is situated at Jadhav Mahal, Khasgi Baazar, Lashkar, Gwalior. Plaintiff contended that he has submitted a map for construction of the house under Section 294 of the M. P. Municipal Corporation Act (hereinafter referred to as "the Act" ). The said map has not been approved by the defendant within the statutory period, therefore, sanction was under the deemed permission under Section 295 (3) of the Act. In spite of repeated requests defendant have not cared to consider the sanction approval of the map, therefore, under the deemed permission construction was carried out by the plaintiff. Plaintiff claimed that since permission has not been granted to him for construction he has suffered loss and he has filed a suit and prayed therein that the plaintiff should be allowed to continue his construction and defendant be restrained from obstructing the co