NAGAR PALIKA PARISHAD, KASHIPUR AND ANOTHER Vs. SHARAFAT

JUDGEMENT

(1.) Heard the learned Counsel for .the parties.

(2.) The present appeal has been filed against the judgment and decree dated 2.9.2000 passed by the III Addl. District Judge, Nainital in Civil Appeal No. 11 of 1997.

(3.) Briefly stated a suit was filed by the plaintiff respondent for permanent injunction restraining the respondents from interfering with his possession over a shop. The plaintiff alleged that he had constructed a shop after purchasing land and mutation was also recorded in his favour. The suit property has never been in possession or in the ownership of the Nagar Palika. On the apprehension that the defendant wants to evict the petitioner and as such he started demolition proceedings on 7.3.2003, the suit has been filed before the trial Court. The plaintiff has produced documents regarding his title over the land in dispute including the sale deed. On behalf of the defendants a copy of the decree in Suit No. 130/1990 was filed where the plaintiff respondent was not a party and even the suit was filed subsequent to the sale deed, and as such no binding effect can be taken of the said suit.