- (1.) THIS is a defendant's appeal against an appellate decree of Mr. Durga Parshad Sodhi, Senior subordinate Judge, Rohtak, dated 20-12-1952, reversing the decree of the trial Court dismissing the plaintiff's suit.
(2.) IN April 1949 the plaintiff obtained permission in writing of the Municipal Committee of rohtak to place a wooden stall on a portion of the land belonging to the Municipality which was a part of the public highway. The condition was that the plaintiff would pay Rs. 5/- per mensem. The Municipal Committtee gave this permission under Section 173, Punjab Municipal Act and they under the same section withdrew the permission and gave notice asking the plaintiff to remove the stall as it had caused obstruction to the public highway.
(3.) THE plaintiff then instituted a suit for permanent injunction restraining the Municipal Committee from removing the stall alleging that it did not cause any obstruction to the public. He also alleged that he was a tenant under the provisions of the Rent Restriction Act. These allegations were denied and the learned Senior Subordinate Judge in appeal held that the plaintiff was a licensee but he could not be ejected excepting after a suit brought against him by the Municipal Committee. The municipal Committee have come up in appeal to this Court.;