( 1. ) THIS is plaintiffs second appeal against the appellate judgment and decree, dated 13-12-1982, passed by the Additional District Judge, Mandsaur in civil Regular Appeal No. 148a of 81, reversing the trial Courts judgment and decree dated 25-7-1979, passed by the Civil Judge, Class-II, Garoth, in COS No. 103a of 60, decreeing the plaintiff/appellants suit for mandatory injunction and restraining them from raising any construction in future.

( 2. ) SHORT facts of the case are that :-The plaintiff/appellant owns a plot of land admeasuring 64 (east-west) x 50 (north-south) in Garoth Town, within its Municipal limits. On the Southern side of this plot, runs the Garoth-Rampura Road. It is an admitted position that this plot of land originally belonged to Garoth Municipality and was purchased by one A. V. Kavishwar, as per Municipal Dakhla, Ex. p/15, dated 11-3-1931. He sold it to Paramanand and from paramanand, it was purchased by Ramgopal who sold it to the present plaintiff/appellant, during pendency of the suit.

( 3. ) ON 11-1-1960, the appellant made an application, Ex. p/6, to the Municipality seeking permission to construct as per proposed plan, Ex. p/2, a house on th