MUNICIPAL BOARD Vs. ABDUL HAMEED

JUDGEMENT

(1.) :-

(2.) THIS appeal is directed against the judgment and decree of Civil Judge, Bijnor, dated 20-3-1978 decreeing the plaintiff-respondent's suit.

(3.) THE learned Civil Judge held that the plaintiffs are the owners of their respective houses situate in Mohalla Bazar Mehma Sarai and their possession has remained undisturbed either by the State Government or by the Municipal Board, Chandpur for a long period. THE trial court further held that since the houses of the plaintiffs have been in existence for more than 30 years and as no action was ever taken by the defendant-Board or the State Government to realise rent or premium, the plaintiffs acquired title to the land and the buildings. Since the plaintiffs as owners were in possession, they are not liable to ejectment and the Municipal Board has no right to interfere with their enjoyment of the buildings and the land or to demand rent from them. All other pleas raised on behalf of the appellant against the maintainability of the suit were repelled by the trial court on the findings that the State Government was not a necessary party and the plaintiffs who are 68 in number had common cause against the Municipal Board, hence they could file one suit. On these findings the learned Civil Judge decreed the plaintiff's suit and granted permanent injunction, restraining the appellant from interfering with the possession of the plaintiffs' right of residence in the houses lying within the boundaries of Mohalla Bazar Mehma Sarai and also the use and occupation of the said houses and the land lying around the said houses being used by the plaintiffs by way of Sahan.