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1978 DIGILAW 196 (MP)

Jeewan Prakash v. Indore Municipal Corporation

1978-03-06

G.G.SOHANI

body1978
Short Note : 1. It was a plaintiff's second appeal arising out of a suit for permanent injunction restraining defendant Indore Municipal Corporation, from exercising its powers under section 310 (1) of the M.P. Municipal Corporation Act, 1956, on the ground that the Corporation was exercising those powers mala-fide and not in accordance with law. It was alleged that these powers relating to removal of buildings in dangerous state were being exercised by the Corporation at the instance of defendant nos. 2 to 4, the landlord of the plaintiffs. The trial Court held that the suit house was proved to have been in a dangerous state and that the plaintiff's had failed to make out a case that the Corporation was exercising powers under section 310 (1) mala-fide and not in accordance with law, this was confirmed by the lower appellate Court. 2. So far as the question of mala-fide is concerned, there is a concurrent finding of the Courts below that the Corporation is not exercising the powers in question mala-fide. Once it is held that the plaintiffs have failed to prove that there was any ulterior purpose in the proceedings commenced by the Corporation under section 310 of the Act, the Courts cannot substitute their assessment of the danger for that of the Commissioner. Ramnarain vs. Ramchandra, 1960 JLJ 939 , relied on. Appeal dismissed.