ARJUN SINGH Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) Arjun Singh plaintiff having remained unsuccessful in both the courts below has come up in the instant second appeal.

(2.) Plaintiff filed suit against respondent Municipal Corporation, Jalandhar alleging that the plaintiff is in peaceful possession of the suit land measuring 26 marlas out of 9 kanals 6 marlas land comprised in khasra No. 1580 as described by boundaries and as shown in the red colour in the site plan attached to the plaint. The plaintiff alleged that the suit property vests in Central Government. Plaintiff's father Mangal Singh was in cultivating possession thereof. After death of Mangal Singh in the year 1991, the plaintiff being his son and legal heir is in possession of the suit property. The defendant alleged that the suit property vests in it and accordingly Regular Second Appeal No. 649 of 2010 -2 threatened to oust the plaintiff therefrom forcibly.

(3.) The defendant pleaded that the site plan annexed with the plaint does not give correct description of the suit property. It was alleged that the site in dispute is part of khasra No. 1579 and not of khasra No. 1580. It was also alleged that suit land along with other land was acquired for public purpose of Punjab Water Supply & Sewerage Board for construction of disposal work of water works vide notification dated 13.2.1981.