1. The material facts giving rise to this appeal briefly are an follows:

Gumtis Nos. 37 to 49, situated at Maharani Road, Indore, were erected by the plaintiff without obtaining prior permission from the Municipal Council, Indore, as required by the provisions of section 112 of the M. B. Municipalities Act, 1954. Under the provisions of sub-section (7) of section 112, the plaintiff became liable to be prosecuted. That provision further laid down that, on conviction, the Municipal Council could by a written notice require the plaintiff to demolish the structure. It is not disputed before me that the plaintiff was not prosecuted for an offence punishable under section 112(7) of the aforesaid Act. The M. B. Municipalities Act, 1954, was repealed by the M. P. Municipal Corporation Act, 1956, which in turn was repealed by the M. P. Municipal Corporation Act, 1956. On 24th October 1963, the Corporation sent a notice to the tenants of the plaintiff intimating that the Gumtis would be demolished on 25th October 1963. The plaintiff, therefore, instituted a suit for grant of perpetual injunction restraining the defendants from demolishing the Gumtis. The suit was resisted by the d