SHIVNARAYAN RAMNARAYAN Vs. NAGAR PALIKA PARISHAD

JUDGEMENT

(1.) THIS is plaintiffs second appeal against the appellate judgment and decree, dated 13-12-1982, passed by the Additional District Judge, Mandsaur in civil Regular Appeal No. 148a of 81, reversing the trial Court's judgment and decree dated 25-7-1979, passed by the Civil Judge, Class-II, Garoth, in COS No. 103a of 60, decreeing the plaintiff/appellant's suit for mandatory injunction and restraining them from raising any construction in future.

(2.) SHORT facts of the case are that :-The plaintiff/appellant owns a plot of land admeasuring 64' (east-west) x 50' (north-south) in Garoth Town, within its Municipal limits. On the Southern side of this plot, runs the Garoth-Rampura Road. It is an admitted position that this plot of land originally belonged to Garoth Municipality and was purchased by one A. V. Kavishwar, as per Municipal Dakhla, Ex. p/15, dated 11-3-1931. He sold it to Paramanand and from paramanand, it was purchased by Ramgopal who sold it to the present plaintiff/appellant, during pendency of the suit.

(3.) ON 11-1-1960, the appellant made an application, Ex. p/6, to the Municipality seeking permission to construct as per proposed plan, Ex. p/2, a house on the said plot. As the Municipal Council failed to take any action thereon, either granting permission or rejecting the application, within one month, as required by law, plaintiff, who could legally start construction as per plan, in fact started construction on 24-6-1960. It was on 16-6-1960, six months after plaintiff's application, Ex. p/6, that the Municipal Council passed a resolution to construct a Passengers' Shed "pratikshalaya" on the land, adjoining southern side of plaintiffs plot and lying between the plot and Garoth-Bhanpura Road. A tea-stall was also constructed on a plot admeasuring 12' x 20' on the same land.