Malik, C.J. - (1.) Sm. Batulan filed a suit against the Municipal Board, Lucknow, for a permanent mandatory injunction prohibiting the defendants from demolishing a staircase appurtenant to a house mentioned in the plaint.
(2.) Batulan died during the pendency of this appeal and her legal representatives have now been brought on the record. The plaintiff had a house in Aminabad and it was the plaintiff's contention that in certain circumstances detailed in the plaint she had constructed a staircase. A notice was given by the Executive Officer, Municipal Board, Lucknow, to the husband of the plaintiff on 17-11-1942 that the construction having been built without permission it was liable to demolition and directing that the constructions be demolished within three days. It was further mentioned in the notice that an appeal could be filed before the Municipal Board, within the period allowed, in case it was urged that the constructions were not liable to demolition. The husband of the plaintiff filed an application before the Executive Officer setting out certain grounds why the staircase should not be demolished. Thereafter on 4-8-1948, the Municipal Board sent an Overseer and some labourers to demolish the staircase. The plaintiff prevented the demolition and filed the suit, out of which this appeal has arisen, on 13-8-1948.
(3.) Among other pleas taken in defence the Board pleaded that the suit was not maintainable in the civil court by reason of the provisions of Section 326 of the U. P. Municipalities Act (NO. if [2] of 1916). In the oral pleadings the pleader appearing for the Municipal Board stated that the validity of the notice, Ex. A2, could not be questioned in a civil court and on that account also the suit was not maintainable.;