LAWS(P&H)-2000-10-61

RAJENDER KUMAR SAINI Vs. MUNICIPAL COMMITTEE

Decided On October 31, 2000
Rajender Kumar Saini Appellant
V/S
MUNICIPAL COMMITTEE Respondents

JUDGEMENT

(1.) UNSUCCESSFUL plaintiff Rajender Kumar Saini has filed the present RSA and it has been directed against the judgment and decree dated 15.9.2000 passed by Addl. District Judge, Hisar, who affirmed the judgment and decree dated 18.4.1996 passed by Civil Judge (Junior Division), Hisar, who dismissed the suit of the plaintiff-appellant for permanent injunction.

(2.) THE case set up by the plaintiff in the trial Court was that he had been continuing as owner in possession of the disputed plot for the last 20 years and the same was used by him for the purpose of fodder stall, tethering cattle and parking tractor etc. About three years ago he installed one chaff cutting machine after obtaining licence from the Municipal Committee, Hisar. However, the officials and members of the Municipal Committee were bent upon to dispossess him forcibly from the disputed plot due to political reasons and about 3/4 days or prior to the filing of the suit the Secretary and other employee of the Committee tried to remove his barbed wire fencing but they could not succeed.

(3.) THE plaintiff filed joinder to the written statement in which he reiterated his averments by denying those of the written statement and from the pleadings of the parties, following issues were framed :-