A.K. Gohil, J.

1. Being aggrieved by order dated 21-3-2002 passed by XIIth ADJ, Indore in Civil Miscellaneous Appeal No. 40/2001, arising out of the order passed on an injunction application filed by the plaintiff, by which the Trial Court granted injunction on 16,000 sq. ft. and in appeal by impugned order the Lower Appellate Court granted injunction on the entire construction, the Municipal Corporation initially had preferred a Civil Revision under Section 115, CPC, which has now been converted into a writ petition under Article 227 of the Constitution by order 12-5-2003.

2. The following facts of case are not disputed, as per the synopsis jointly submitted by the learned Counsel for the parties :--

11-8-98 : Lease agreement exercised by Sushri Sushilaraje in favour of plaintiff Anil Kak in respect of 4.8 acres of land situated at Khasra No. 60, Village Tejpur Gadbadi, Indore for a period of 10 years. The lease was renewable. Monthly rent of Rs. 1 lakh was payable by July, 1999.

15-8-88 & 21-11-98 : Letters written by Sushri Sushilaraje to plaintiff Anil Kak giving option to renew lease for a further period of 10 years.

12-4-99 : Sushri Sushilaraje applied for building permission