HEMANTA KUMAR BEHERA Vs. MUNICIPAL COUNCIL, KEONJHARGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree passed by the learned District Judge, Keconjhar in R.F.A. No. 21 of 2005 confirming the judgment and decree passed by the learned Civil Judge (Jr. Division), Keonjhar in C.S. No. 03 of 2003 in dismissing the suit filed by the appellant as the plaintiff.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to as they have been arraigned in the Court below.

(3.) The plaintiffs case is that he is in possession of the suit land belonging to the Municipality; having installed a cabin over the same and that he has been carrying on ready made garment business therein and thus earning his livelihood. It is stated that the defendant is collecting rent from him, although initially the cabin was installed without the permission from the defendant. His further case is that the defendant being interested to allot the land to some other persons purposely issued notice to the plaintiff to produce the original allotment order and as that was never passed, the plaintiff could not do so and then they have issued the notice for vacating the suit land. The plaintiff thus has filed the suit for permanent injunction against the defendant.