MAMTA Vs. MUKHYA NAGAR AYUKT

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for mandatory injunction.

(2.) The plaintiff's case is that she is owner in possession of House No. 1/1232, Kundan Nagar, Chavni, District Aligarh. The details of the aforesaid house/ premises are given at the foot of the plaint giving rise to the suit. The aforesaid property is hereinafter referred to as the 'suit property'. It is pleaded that the plaintiff entered into an agreement to sell relating to the suit property on 19/6/1998. It was admitted to registration on 18/8/1998. The vendor by the agreement aforesaid (for short, 'the suit agreement') covenanted to sell the suit property to the plaintiff for a total sale consideration of Rs.35,000.00.

(3.) It is averred that contemporaneous to the agreement, the entire contracted sale consideration of Rs.35,000.00 was paid. It is also averred that actual and physical possession of the suit property was delivered to the plaintiff. The best that the Court may make out from the pleadings is that the plaintiff claims delivery of possession at the time of registration of the suit agreement. The case of the plaintiff further pleaded is that the suit property was a plot of land, whereupon the plaintiff raised a kachchi boundary wall and constructed one kachcha room. She set up her living there in the year 2000. The suit property was assessed to house tax and water tax by the defendant first set, who are the Nagar Nigam of Aligarh. A receipt for the house tax and water tax paid was issued to the plaintiff on 14/10/2000, bearing receipt No.7041. The receipt shows that a sum of Rs.1410.00 was paid to the Nagar Nigam. It is also the plaintiff's case that electricity and telephone connection were installed in her name on the suit property. She also holds a ration card in her name bearing the address of the suit property.