OM PRAKASH SHARMA Vs. NAGAR PALIKA PARISHAD

JUDGEMENT

(1.) The present appeal under Section 100 of the Code of Civil Procedure assails the concurrent findings of both the Courts below, whereby the suit preferred by the plaintiff for declaration of ownership and permanent injunction in regard to suit plot situated within the territorial limits of Municipal Council, Gohad, District Bhind has been dismissed.

(2.) The present second appeal has been admitted on the following substantial question of Law :-

(3.) Basic facts giving rise to the present case are that the appellant based upon the suit plot purchased in an auction brought the suit in question by contending that despite the suit plot having been sold to the appellant in an auction conducted by the Municipal Council and there being no evidence to establish that the auction was ever cancelled and also that the plaintiff was ready and willing to deposit auction money, which was not accepted by the Council, the suit land was not registered in favour of the plaintiff/appellant.