NEW DELHI MUNICIPAL COMMITTEE Vs. ASHOK DIESH

JUDGEMENT

(1.) This appeal is against the judgment and decree passed on 28.2.1983 by Additional District Judge, Delhi dismissing the appellant's appeal and thereby confirming the judgment and decree passed on 21.7.1980 by Shri P.D. Jarwal, Sub-Judge 1st Class, Delhi decreeing the suit of the plaintiff/respondent.

(2.) Facts in brief are that Shri Ashok Diesh filed a suit seeking decree for injunction against the defendant/appellant from demolishing the property bearing Nos.95, 97, 99, 101 and 103 situated at Baird Road, New Delhi. The plaintiff alleged that the property was inherited by him and Shri Janardan Diesh and was assessed to municipal taxes. Certain officials of the appellant came to the spot on 18.11.1978 with a view to demolish the portion of the property shown in red colour without any notice. They were appraised that the property is old one and no new constructions were made. Since they were adamant to demolish the property, a cause had accrued to him to claim decree for injunction.

(3.) The suit was resisted by the appellant on merits and preliminary objections were also raised that the suit was barred in a civil court in view of Section 225 of the Punjab Municipal Act, 1911 and the suit was not maintainable in view of Section 41 of the Specific Relief Act. It was admitted that the officials of N.D.M.C. had gone to the spot on 28.11.1978 but it was pleaded that only after notice under Sections 195 and 195-A of the Punjab Municipal Act, which were duly served on the plaintiff, who had made new construction without permission. Therefore, N.D.M.C. was within its right to take action for demolition. The following issues were framed by the trial court :-