BALKISHAN Vs. NAGARPALIKA MORENA

JUDGEMENT

(1.) These eleven appellants/plaintiffs have preferred this appeal under Section 100 of the Civil P.C. against the judgment and decree passed by the First Additional District Judge, Morena, dated 5-7-1973 in Civil Appeal No.37-A/71.

(2.) Present appellants and respondent Nos. 2, 3 and deceased Maniram filed a suit against respondent No.1 Nagarpalika, Morena, for declaration and permanent injunction, in the Court of Civil Judge, Class II, Morena. Plaintiffs averred in their plaint that the suit land shown as C D E F by red lines in the plaint map, belonged to them as it was part of survey number 878. Plaint map contains three plots, survey Nos.878,879 and 880. According to the plaintiffs, the C D E F red marked portion is part of survey No. 878 and respondent No. 1 auctioned this portion. Plaintiffs, after serving notice under Section 200 of the Municipalities Act, filed the suit.

(3.) Respondent/defendant No. 1 denied the case of plaintiffs and claimed that the area shown in red lines as C D E F in the plaint map belongs to the Nagarpalika. According to their written statement, the C.D. line is a pukka foundation as they got the possession of the land measuring 435' X69' X 37' of previous survey Nos. 93 and 94/2 which has, now been renumbered as survey No. 880. In the written, statement, respondent No, 1 further averred that the forefather of plaintiffs. Hardayal, received compensation of the suit land from the respondent No. 1 and, thus, if plaintiffs had any rights, they are extinguished now.