MUNICIPAL COMMITTEE Vs. RAGHUBIR SINGH AND ORS

JUDGEMENT

(1.) Present petition is filed challenging the order dated 09.08.2010 passed by learned Additional Civil Judge (Senior Division), Ratia, whereby applications moved by the Plaintiff seeking permission of the Court to compare the signatures of Rattan Singh on the sale deeds by the handwriting and finger print expert were rejected.

(2.) The brief facts of the present case are that suit for mandatory and prohibitory injunction was filed by the Plaintiff-Petitioner seeking direction to Defendant No. 1 -Municipality to restrain the remaining Defendants from raising construction over plot shown in the map and further to stop encroachment over the municipal land. Plaintiff is not claiming any title over the property in dispute, rather, Plaintiff is saying that property in dispute belongs to Municipality whereupon encroachment is being made by the other Defendants. Plaintiff has led entire evidence and ultimately, Plaintiffs evidence was closed on 07.06.2010. Thereafter, Plaintiff has moved present application.

(3.) Learned Counsel for the Petitioner has vehemently argued that property belongs to the municipality, which was wrongly sold by Rattan Singh. The case filed by the Plaintiff is to remove the encroachment from the municipal land. The question involved in the present case as to whether the suit land belongs to Municipality. If Defendant No. 1 succeeds to establish that title of the property belongs to municipality then question who has executed the sale deed becomes immaterial.