MUNICIPAL COMMITTEE Vs. OM PARKASH

JUDGEMENT

(1.) The appellant/Municipal Committee is assailing the judgment dated 10.3.1987 of the first Appellate Court/Additional District Judge, Sangrur, thereby the first Appellate Court set aside the dismissal order of the trial Court and decreed the suit filed by the plaintiffs/respondents.

(2.) The brief facts of the present case are that plaintiffs filed suit for permanent injunction restraining the defendant/Municipal Committee from interfering in the possession of the plaintiffs over the property in dispute. In the nutshell, case of the plaintiffs is that plaintiffs are the owners of the Shop No. B-II/453 situated in Mandi Sunam and defendant/Municipal Committee has no connection with the shop in dispute and wants to forcibly interfere in the possession of the plaintiffs.

(3.) The suit was contested by the Municipal Committee by filing written statement and it was contended that plaintiffs illegally occupied a portion of the land measuring 24' - 6" x 14' - 9" adjoining to the shop of the plaintiffs. It was further contended by the defendant/Municipal Committee that plaintiffs had raised illegal construction on the Municipal's land without the approval of the Municipal Committee. However, the Executive Officer, Municipal Committee reported the matter to the Municipal Committee and notices under Sections 172, 195 and 195-A of the Punjab Municipal Act, were issued to the plaintiffs. Plaintiffs did not comply with the notices served by the Municipal Committee. Hence, notice under Section 220 of the Punjab Municipal Act was issued to the plaintiffs. It was further contended by the Municipal Committee that Municipal Committee has every authority, power and jurisdiction to demolish the illegal construction raised by the plaintiffs and Municipal Committee has every power to remove the encroachment made by the plaintiffs over the Municipal's land.