Law:

Section: 273

Law: Specific Relief Act, 1877

Section: 42,54

Cantonments Act (II of 1924)-----S. 273---Specific Relief Act (I of 1877), Ss.42 & 54---Suit for declaration and permanent injunction---Notice under Section 273 of Cantonments Act, 1924---Scope---Plaintiff filed suit wherein he challenged the notice requiring him to remove encroachment on Cantonment Board path---Contention of plaintiff was that he had made no encroachment as alleged in the impugned notice---Suit was dismissed concurrently---Validity---Section 273 of Cantonments Act, 1924 barred a suit against Cantonment Board for any act done or purporting to have been done in pursuance of the Act or any Rule or bye-law made thereunder until expiration of two months after notice in writing had been left at the office of the Board---Cause of action and nature of relief sought should be stated in the said notice---Plaint should contain a statement that notice had been so delivered or left---Delivery of such notice containing the details was sine qua non for institution of suit against Cantonment Board---Suit for declaration even with prayer of injunction as ancillary relief would not be maintainable unless declaratory relief was dropped and suit confined to relief of injunction only---No notice had been placed on record/file so as to make the suit against Cantonment Board maintainable---Suit of plaintiff was liable to be dismissed on this score alone---Suit was not maintainable as negative declaration had been sought in the same---Khasra number in question was path and present suit was filed only after receipt of notice for removal of encroachment---Path existed with revenue record was no more in existence on ground---Plaintiff had encroached upon the path and included the same in his house---Cantonment Board was well within its right to serve the plaintiff with notice for removal of encroachment in the light of demarcation---Findings recorded by the courts below were based on proper appreciation of evidence and sound reasoning---Revision was dismissed with costs. Haji Abdus Sattar Kotriwalla v. The Cantonment Board, Hyderabad and another 1988 CLC 1182 rel. JUGDMENT QALANDAR ALI KHAN, J.---This revision petition by Khanzeb, petitioner, calls in question…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492