COLLECTOR Vs. CHANDUBHAI THAKURDAS PAGRANI

JUDGEMENT

(1.) IN this appeal under section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code"), the appellants have challenged the judgment and decree dated 31.12.2008 passed by the learned Additional District Judge, Fast Track Court No.5, Palanpur, whereby he has dismissed the appeal preferred by the appellants and confirmed the judgement and decree dated 30.6.2007 passed by the learned Sixth Additional Senior Civil Judge, Palanpur in Regular Civil Suit No.74 of 1995.

(2.) THE respondents-plaintiffs instituted a suit in the Court of the learned Additional Senior Civil Judge, Palanpur contending that the Palanpur Nagarpalika had issued a notice of public auction in the daily newspaper "Rakheval" of the open plots situated over Delhi Gate-Simla Gate Road towards the east of Palanpur Civil Hospital (hereinafter referred to as "the suit property") on lease for business purposes. Pursuant to the said public notice, auction was held on 12.2.1995 wherein the plaintiffs had taken part and had bid for plots No.3 and 4 at a high rate of Rs.4,90,000.00 on lease basis. Thereafter, upon the auction being approved, the plaintiffs had deposited the said amount with the Municipality and the Municipality, after dividing the property by metes and bounds, had handed over plots No.3 and 4 to the plaintiffs. Thereafter, the plaintiffs had obtained construction permission from the Municipality and had put up construction thereon under the supervision of the Engineers of the Municipal Corporation. In the meanwhile, the defendant No.3, viz., the personnel of the police department had informed them to stop the construction work and had threatened them which had given rise to cause of action for the plaintiffs to institute the suit seeking permanent injunction against the defendants restraining them from preventing the plaintiffs from handing over the suit plots for the purpose of putting up construction thereon or in any manner, obstructing the plaintiffs from the use of the said land.

(3.) THE defendant No.4 ­ Palanpur Municipality filed its written statement, supporting the submissions of the plaintiffs and contending that the suit of the plaintiffs was required to be decreed.