Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code (V of 1908)  S. 115-Revision-District Judge in revisional jurisdiction, held, could call for record of case decided by subordinate Court only if decision not appealable. Date of-hearing : 29th January, 1980.                                                                                                                   JUDGMENT The relevant facts of the case are that the petitioner in 1964 constructed his bungalow on Plots Nos. 3, 4, 5, 86 and 87, situated in Block No. 10, Mandi Town, Jauharabad. by investing substantial amount thereon. The That Development Authority, however, after completion of the bungalow, issued notice to the petitioner that the latter had encroached a public road, and asked him to remove the same otherwise the construction on encroached land would be demolished. 2. The petitioner, apprehending demolition of the construction, filed suit for injunction on 2nd November, 1967 against respondent No. 1 the civil Court at Jauharabad. The Civil Judge framed twelve issues. Issues Nos. 9, 10 and 11, being relevant for the decision of this petition, are reproduced hereunder :-- (9) Whether the disputed part of the property is a necessary part of the building and if it is resumed, it will decrease the utility and value of the bungalow, if so, with what effect. (10) Whether the defendant is estopped by conduct to resume the disputed portion of land after demolishing the construction over it. (11) Whether the defendant is entitled to the disputed part of the property without compensation to the plaintiff. The learned trial Judge dismissed the suit on 15th June, 1968, but observed under issue No. 9 "The T. D. A. has its sub-offices at Jauharabad. The construction work of the Bungalow continued for a period of one year as admitted by Raja Fazal Illahi Overseer D. W. 2. It was incumbent upon the defendant to have informed the plaintiff of his…