B.N.Sapru, J. - (1.) The plaintiffs are owners of a large compound known as Uma Shanker compound, in Mohalla Jokhan Bagh, Jhansi. The predecessor-in-interest of the plaintiff sold various plots to different persons and left a passage for them about 15 feet wide. The Municipal Board treating it as street started paving it. The plaintiffs Instituted a suit and prayed for an injunction restraining the defendant from paving the land with stone etc. The land was shown as XYZ and XPQE in the plaint map.
(2.) The trial Court decreed the suit, The lower Appellate Court has reversed the decree of the trial Court and dismissed the suit.
(3.) Admittedly, the suit was filed without notice under S. 326 (1) of the U. P. Municipalities Act. The lower Appellate Court was of the view that in the absence of any notice, the suit was not maintainable. It is settled law that even a suit for injunction cannot be filed without notice, unless the purpose of the suit will be defeated during the period of the notice. If the plaintiffs had given notice and waited for the statutory period, the paving of the land would have been completed or partially completed and the purpose of the suit defeated as the nature of the land would have been changed.;