MUNNALAL Vs. JABALPUR VIKAS PRADHIKARAN

JUDGEMENT

(1.) AN unsuccessful plaintiff being aggrieved has knocked the door of this court under section 96 of Civil Procedure Code against the Judgment and decree dated 30 -12 -2004 passed by the learned third Additional District Judge, Jabalpur in original Civil Suit No. 8 -A/2003, whereby his suit for declaration and perpetual injunction has been dismissed.

(2.) ACCORDING to appellant/plaintiff he filed a suit for declaration and perpetual injunction regarding land/plot situated at Gohalpur, Jabalpur bearing survey No. 252/2, area 0.147 hectare, which is equal to 4010 sq.ft. this being a diverted land and purchased by the appellant vide sale deed dated 24 -6 -1993 from one Mohd. Rasid s/o Peer Mohd., resident of Jabalpur through his attorney S. K. Shukla and got the same mutated in his name and after getting requisite sanction from Municipal Corporation, Jabalpur by order dated 22 -2 -1995 a residential house No. 312/7B was constructed over this land and is residing with his family in the same house.

(3.) IN the written statement filed on behalf of respondents it was pleaded that said land was acquired by them for implementation of proposed scheme planned by the predecessor institution namely Town Improvement Trust, Jabalpur and appellant had no authority to challenge the said acquisition proceedings after 22 years by way of filing this civil suit. It was further pleaded that the matter is relating to the land acquisition law and, therefore, Civil Court had no jurisdiction to decide the same. It was further set forth that claim has neither been properly valued nor proper court fees has been paid as such it is not maintainable.