NAGAR PALIKA PARISHAD Vs. RAKESH KUMAR

JUDGEMENT

(1.) The plaintiff/respondent no. 1 had filed a suit for permanent injunction being Suit No. 26 of 2006 with an allegation that the property over which he was praying for injunction was, in fact, purchased by his father Sardari Lal and his aunt Kamla Rani by means of a sale deed, the vendor of which was one Saraswati Prasad who was the owner of plots no. 15 and 25. These plots no. 15 and 25 measured 0.24 hectares and 0.23 hectares respectively and, therefore, he was in the ownership of land measuring 179.16 square meters.

(2.) Further case of the plaint was that, in fact, the plaintiff's predecessor-in-interest had purchased the property not by measurement but by boundaries.

(3.) Further case of the plaintiff was that he had got himself declared the owner of the property in another suit being Suit No. 56 of 1996 and this aspect of the matter was not contradicted by his aunt Kamla Rani who was arrayed as a defendant in the Suit.