- (1.) This is defendant's appeal against the judgment and decree passed by the lower appellate Court decreeing the suit of the plaintiffs-respondents for permanent injunction restraining the defendant-appellant from demolishing or interfering in the possession of the plaintiffs-respondents in the suit property except by due process of law.
(2.) Suit of the plaintiffs-respondents was dismissed by the trial Court holding that the defendant-appellant was entitled to remove any encroachment over the street made to the extent of 64 feet X 20 feet, approximately.
(3.) Learned counsel for the Municipal Corporation, defendant-appellant has vehemently contended that the suit of the plaintiff-respondent has been wrongly decreed as the defendant-appellant corporation does not want to demolish or interfere in the possession of the plaintiffs-respondents over the property in dispute which is shown red in the site plan but notices had been issued to the plaintiffs when construction was raised encroaching the area of the road to the extent of 64 feet X191/2 feet. It has been submitted by the counsel for the appellant that encroachment had actually been removed by the plaintiffs-respondents. It is claimed that the Municipal Corporation has got a legal right to issue notice to the plaintiffs-respondents under Sections 246 (1) and 269 of the Punjab Municipal Corporation Act, in case any encroachment is made on the area covered under the road. It is also argued by the counsel for the appellant that in case any construction is raised in violation of the sanctioned plan, the same can be demolished by adopting due process of law.;