NAGAR PALIKA PARISHAD Vs. HINDUSTAN COPPER LTD

JUDGEMENT

(1.) FEELING aggrieved by the order dated 4. 5. 2007 passed by the First Additional District Judge, Balaghat in Civil Suit No. 2-A/2007 dismissing the application under Order XXXIX Rule 2 of CPC filed by the plaintiff/appellant, this appeal has been filed under Order XLIII Rule l (r) of the Code of civil Procedure, 1908.

(2.) THE plaintiff is a lessee of the suit property and has filed a suit before the trial Court for injunction that plaintiff may not be dispossessed by the defendant from the suit property. According to the plaint averments, the suit property which is open land, was given on lease to the plaintiff on 27. 4. 1987 for 20 years for construction of bus stand and for other purposes mentioned in the Schedule-A annexed to the plaint. Thereafter, the plaintiff constructed the bus stand and godown etc. on the leased suit property. According to the plaint averments, the original lessee was Malajkhand Special Area Development Authority (SADA), however the property of the SADA was merged in Municipal Council, Malajkhand. Hence, the Municipal Council, Malajkhand who is the plaintiff by operation of law became lessee of the defendant.

(3.) IT is further case of the plaintiff that on 14. 1. 2007, a notice has been received that lease period is going to be expired on 26. 4. 2007 and therefore after the expiry of the lease period, possession of the suit property be delivered to the defendant. According to plaintiff after having constructed permanent structure of bus stand and godown etc. the nature of lease became permanent. Earlier the defendant filed suit against SADA (from whom plaintiff is deriving right on the suit property)but later on compromised arrived between the parties and by filing an application-was filed by both the parties that on account of compromise having been arrived between them, plaintiff i. e. defendant of present case does not want to proceed with the suit as as a result of which the suit was withdrawn. Thereafter, the plaintiff has also constructed a shopping complex bus stand etc. with the consent of defendant and the maps etc. were also approved by the defendant. Not only this with the consent of defendant Guest house was also constructed and electricity etc. has also been installed.