RAM DULARI Vs. MUNICIPAL BOARD ORAI

JUDGEMENT

(1.) I have heard Sri A.N. Bhargava, learned counsel for the appellant and Sri Rakesh Bahadur, learned counsel for the respondent and have perused the record.

(2.) This is a plaintiff's appeal against the judgment and decree dated 17.1.1979 passed by Civil Judge, Jalaun at Orai in Civil Appeal No.96 of 1977 arising out of Civil Suit No.227 of 1976. Suit No. 227 of 1976 was instituted by the plaintiff-appellant for compensation of Rs.500/- and for permanent prohibitory injunction thereby seeking to restrain the Municipal Board, Orai (defendant-respondent herein) from establishing "Rasta" over the property/land of the plaintiff, as also for restraining the said defendant from interfering in the peaceful possession of the plaintiff.

(3.) Plaint case was that the plaintiff was the owner in possession of the suit property, where she has two "Kachcha" and two "Pucca" rooms whereas the remaining portion was foundation ("Neev"). It was claimed that her building maps were sanctioned, once in 1961 and the other in 1972. The defendant, however, demolished two walls thereby causing loss of Rs.500/- and were further planning to take "Rasta" from three sides of the plaintiff's house, whereas never any such "Rasta" was in existence and there was no compliance of the provisions of sub section (3) of Section 212 and there was no proper issuance of notice under section 221 of the UP Municipality Act, 1916 and that the plaintiff's land was never acquired nor any compensation was ever paid to her. It was claimed that a notice, under section 326 of the UP Municipalities Act, was issued on 1.9.1975, which was served on the defendant on 4.9.1975; and that the cause of action first arose on 23.6.1975 when the defendant demolished the walls, and on 2.7.1975 when the defendant declared its intention to establish "Rasta".