PANA THOLA HINDWAN KHARKHODA Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) This is Plaintiff's second appeal challenging the judgment and decrees of the courts below whereby suit of the Appellant for declaration with consequential relief of permanent injunction was dismissed.

(2.) As per the averments, Appellant is the owner of the suit land, which was wrongly mutated in the name of Gram Panchayat, Kharkhoda vide mutation No. 2853 and thereafter the suit land was wrongly vested in Municipal Committee through mutation No. 3771 and the aforesaid mutations being wrong and illegal were liable to be set aside. It was further averred that the Appellant was proprietor of the Pana Thola Hindwan Kharkhoda and his name was recorded in the "Asmai Malkan".

(3.) The suit was contested by Respondents No, 1 and 2 raising various preliminary objections like maintainability, locus standi and jurisdiction of the civil court, etc. On merits, it was submitted that the suit land was owned by Gram Panchayat and after creation of Municipal Committee, Kharkhoda, the suit land vested in the municipality. The suit land was being used for common purposes of the inhabitants. It was further stated that Municipal Committee has filed the suit under the provisions of Public Premises Act before the Collector, Sonepat for vacation of unauthorised possession of the suit land and Municipal Council, Kharkhoda had taken the possession of the suit property in execution proceedings after adopting due process of law. All other averments of the plaint were denied and dismissal of the suit was prayed for.