- (1.) R. K. Mahajan, J. This is a second appeal against the judgment and decree dated 24-9-1975 passed by Sri R. K. Garg, VI Additional District & Sessions Judge, Kan-pur allowing Civil Appeal No. 183 of 1974 and setting aside the judgment and decree dated 18-3-1974 passed by Sri O. P. Srivas-tava, Illrd Additional Munsif, Kanpur decreeing original Suit No. 775 of 1970 for permanent injunction restraining the defendant from evicting the plaintiff from the land in suit without providing an alter native accommodation. The learned lower appellate court, however, while dismissing the suit of the plaintiff-appellant, also ob served that since the plaintiff is in long oc cupation of the accommodation given by Nagar Mahapalika, which is a stall measur ing 8" X 6", the equity requires that his case for an alternative accommodation may be considered on compassionate ground by the Nagar Mahapalika.
(2.) IT appears that the plaintiff-appel lant was a lessee of the stall on Jhansi road in Kanpur and it has been transferred to the plaintiff by the earlier lessee on 19-8-1960. The plaintiff was carrying a petty business (Hawker ). The case of the plaintiff was that he is a displaced person and refugee from the West Pakistan (District Karachi) and migrated to India. Under the Rehabilitation scheme of the Union Government, the State Government in col laboration with the Union Government, made a proposal to allot a shop in the main market in Kanpur. It appears that the road was to be widened where the stall was in existence and which he had taken on lease. The plaintiff's grievance is that he was not given stall No. 115 in Navin Market as a result of lottery drawn despite request. The defendant-respondent con tested the suit. The plea of the defendant is that the plaintiff would be given alternative accommodation when the stall is vacated.
(3.) THE appeal was taken up in revised list. Sri A. N. Bhargava has appeared to argue the appeal on behalf of the appellant and he has been heard. Nobody has ap peared on behalf of the respondent to argue the appeal. Sri A. N. Bhargava, learned counsel for the appellant, has argued that there is an admission of the defendant that an alterna tive accommodation will be given and the plaintiff- appellant would be satisfied. The learned counsel for the appellant in support of this assertion, has relied upon the aver ments made in paragraph 17 of the addition al plea in the written statement filed on behalf of defendant Nagar Mahapalika, Kanpur. Para 17 of the written statement is quoted as below with advantage- "17. That the plaintiff, who was illegally oc cupying the land under the said permit was also allotted an alternative stall in Navin Market with the clear understanding that he will be handed over the allotment order when he vacated the defendant's land by removing his shop from the said land. " Relying upon the aforesaid admission of the defendant, Sri Bhargava states that the decree of the lower appellate court deserves to be modified.;