LAWS(ALL)-2020-1-287

SHIV KUMAR DIXIT Vs. ADHYAKSHA NAGAR PALIKA PARISHAD

Decided On January 17, 2020
Shiv Kumar Dixit Appellant
V/S
Adhyaksha Nagar Palika Parishad Respondents

JUDGEMENT

(1.) Heard Sri Swapnil Kumar, learned counsel for the appellantand Sri Shanti Dhar Dwivedi, learned counsel for Nagar Palika Parishad.

(2.) This second appeal has been filed by the plaintiff-appellant being aggrieved by judgment dated 5.10.2019 passed by the Additional District Judge, Court No. 6, Bulandshahar in Civil Appeal No. 118 of 2013 (Adhyuaksha and another Vs. Shiv Kumar Dixit and others) arising out of judgment and decree dated 3.7.2013 passed in Civil Judge (JD), Anoop shahr, District Bulandshahr.

(3.) It is the contention of counsel for the appellant that Sri Shiv Kumar and two others had filed a suit seeking permanent injunction against Nagar Palika Parishad, Jahangirabad on the ground that plaintiffs are owners, possessoers and resident of suit property being house situated at Mohalla Pathak, Kasba, Jahangirabad, Tehsil Anoopshahar, district Bulandshahr which was purchased by the grandson of the plaintiffs namely Angan Lal vide two different sale deeds dated 10.1.1946 and 16.1.1946. The house which has been shown in the plaint map as ''Ka', ''kha', ''Ga', ''Gha', ''Ba', ''sa, ''da,' ''Aa, ''Gha', ''da', ''Cha'. Out of which one part was purchased vide sale deed dagted 10.1.1946 from one Lalyandas, S/o Lal Gurudayala Mal which is marked as ''ka', ''kha', ''Ga', , ''Gha', ''Da', ''Cha' and later on part situated on west, vide sale deed dated 16.1.1946 from Pitambar Das, S/o Purshottam Das which is marked asd ''Ga', ''Ba', ''Sa', ''Da', ''Aa, ''Gha'. Thus palintiffs case is that their grandfather Angan Lal had constructed the house in 1953 and the Chabutra which is bone of contention.