OAK, J. - (1.) THE question for consideration in these two connected appeals is whether the Municipal Board of Meerut is entitled to retain the price of certain manure, that was stored in the year 1947 on a piece of land at Meerut. In both the appeals the Municipal Board is the appellant; and Bir Singh and three others are the respondents.
(2.) ONE Amjad was the owner of the plot, on which the manure in question had been deposited. Bir Singh and other respondents are Ajmads successors-in-interest. For many years the Municipal Board of Meerut (hereafter referred to as the Board) occupied the plot as Amjads lessee or licensee. The Board used to deposit night-soil on this plot, the night-soil got converted into manure. In 1918 respondents filed a suit in the Court of Munsif, Meerut for Boards ejectment from the plot. That suit was dismissed by the trial Court, but decreed in appeal by the Judge, Small Cause Court, Meerut. The decree for possession was put into execution by the respondents in March 1947. The respondents obtained possession over the plot through Court on 2-4-1947. At that time some manure was lying on the plot. The Board moved a series of applications to enable it to recover the manure. On one of those applications, the Munsif passed an order permitting the Board to remove the manure in 20 days. When the matter went before the Civil Judge of Meerut in appeal, he permitted the Board to remove the manure on condition that it should keep the price in deposit till further orders. The present respondents filed an Execution Second Appeal before this Court. That Second Appeal was allowed by this Court in April 1950. Orders of the lower Courts were set aside and the Boards objection was dismissed.
(3.) ON the basis of this Courts order dated 24-4-1950, the respondents moved an application for restitution under Ss. 144 and 151, Civil P.C. The respondents requested the Court for payment of the sum of Rs. 35,000 as compensation, damages and price of the manure removed by the Board. The application for restitution was opposed by the Board, but was allowed by the City Munsif of Meerut on 7-8-1951. The Court directed recovery of Rs. 35,000 from the Board.;