MUNICIPAL COMMITTEE SIDHI Vs. JAGDISH PRASAD KHARE

JUDGEMENT

(1.) In a civil suit for declaration and permanent injunction, the respondent/plaintiff, also pray scale or grant of injunction in the mandatory form to remove five Gumtis which were put by the cobblers on the drain side at the instance of the Municipal Committees, Sidhi thereby obstructing the plaintiff seasamentary right. The trial court by the impugned order granted relief in favour of the plaintiff as prayed for against which the present appeal is filed by the Municipal Committee, Sidhi.

(2.) The facts leading to this appeal are that the State Highway stretches through the town of Sidhs keeping respondent's house on its side. The Municipal Committee, Sidhi allotted five Gumtis to cobblers, which according to the respondent/plaintiff obstructs the right of easement in multifarious ways creating perpetual nuisance. Therefore, he prayed for removal of these Gumtis forthwith.

(3.) The appellant/Municipal Committee emerged with a plea that though the State Highway belongs to the State yet the same has been put under the disposal of the Municipal Committee, Sidhi and as such the Municipal Committee is fully empowered to install the Gumits. According to the municipal Committee these Gumtis have nothing to do with the comfort/easement of the respondent/plaintiff, inasmuch as these Gumtis have been installed by the side of the State Highway. It is not that these Gumtis have encroached any piece of land belonging to the respondent/plaintiff. As such, it is prayed that no prima facie case is made out in favour of the respondent/plaintiff for issuance of mandatory injunction.