ARUNA DEVI Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) THIS appeal is filed by the plaintiff challenging judgment and decree dated 30-11-1998 passed by 9th Additional District Judge, Gwalior in Civil Appeal No. 42-A/97, whereby the First Appellate Court has confirmed the judgment and decree dated 14-10-1997 passed by Fourth Civil Judge Class-I, Gwalior in Civil Suit No. 1087-A/94.

(2.) THE brief facts of the case are that the appellant- plaintiff filed a suit for declaration of title and injunction alleging that she is the owner of House No. 15/1011, situated at Thatipur, Gandhi Road, Morar. According to her, she is in possession of the suit property. The plaintiff alleges that he became owner of the suit property on the basis of the judgment and decree dated 16-5-1986 (Ex. P-2) passed in Civil Suit No. 22-A/80. The said house was her ancestral property and fallen to the share of father and mother of the plaintiff on the basis of partition taken place 50 years ago. According to her, the house in question in constructed 50 years back. In the year 1985, she had constructed some portion of the house after obtaining permission Ex. P-4 and P-5. It is alleged that the respondents want to demolish the said house and therefore on 28-4-1987 they went on the post for demolishing the house. Hence, she filed the present suit for declaration that respondents have no right to demolish the house. She has also prayed for injunction that the respondents be restrained from demolishing any part of the house.

(3.) THE defendants No. 2 and 3 filed their written statement alleging that they are not demolishing the entire building. In fact, in the year 1985 while reconstructing the house, respondents had encroached upon the land part of Survey No. 36 owned by the State Government to the extent of 34 mt. x 8. 5 mt. and constructed the house on the Government land. According to the defendants, as the plaintiff has constructed a part of the building on the land owned by the State Government, hence the State Government has right to demolish the said part. The respondent No. 1 has filed a separate written statement stating that the respondent No. 1 is not at all concerned with the action.