GURJIT SINGH Vs. M C JALANDHAR

JUDGEMENT

(1.) This is second appeal has been preferred by the Appellant/Plaintiff - Gurjit Singh against the judgment and decree dated 2.3.2009 passed by Additional District Judge, Jalandhar, vide which first appeal preferred by him against the judgment and decree dated 6.2.2007 passed by Civil Judge (Jr. Division), Jalandhar, dismissing his suit for declaration to the effect that he is owner in possession of the shops in dispute and that the Respondent/Defendant has no concern, right or title therein and for permanent injunction restraining the Defendants from claiming ownership therein and for mandatory injunction directing the Defendant to sanction site plan in accordance with law for making addition alteration therein, was dismissed.

(2.) The case of the Plaintiff, as pleaded in the plaint, is that he is owner in possession of the shops in dispute. Notices dated 10.2.1997 and 11.2.1996 were issued to him by the Defendant which were duly replied. The Defendant had no right to demolish the shops and he is entitled to get site plan sanctioned for making addition and alteration therein in accordance with law. He had challenged the validity of the said two notices in the civil suit bearing No. 25/97 titled Gurjeet Singh v. Municipal Corporation, which was decided on 25.3.2002 and he was held to be owner of the shop.

(3.) The suit was contested by the Defendants. In the written statement they denied the contentions of the Plaintiff and pleaded that the Plaintiff is not the owner of the property in dispute and has filed a false, frivolous and fictitious suit. The same is not maintainable and the Plaintiff is not entitled to any such relief.