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BARLEE
Gurmukhsing Javersing – Appellant
Versus
Karachi Municipality – Respondent
JUDGMENT
Barlee, A J C - It is recited in the plaint (i) that the three plaintiffs who are brothers, own plot 21-A, sheet E-7 in Eambaugh Quarter, (ii) that they had left a portion of 34 square yards vacant, (iii) that the defendant municipality had taken possession of it to build a road; and had refused to pay compensation. Accordingly they claimed Rs. 1,700-0-0.
2. The defendant had pleaded inter alia that the land in dispute had formed a part of a private street; that they had not taken possession of it; but that in the exercise of their statutory powers under Section 90(3), Bombay District Municipal Act 3 of 1901, they had metalled and paved it, after the residents of the houses abutting on the street had failed to do so when required to do so. Lastly they pleaded that the suit was time barred.
3. On these pleadings the following issues were framed:
1. Have the plaintiffs left a portion of survey No. 21-A, survey sheet B-7, Rambaugh Quarter in front of the said plot unbuilt? If so, what is the area of the said portion?
2. Is the said land a portion of the private street?
3. Did the defendants take possession of an acquire the said land for the purpose of constructing a road? (Covers
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