LAWS(P&H)-1990-11-197

SUNIL KUMAR Vs. FARIDABAD COMPLEX ADMN, FARIDABAD

Decided On November 13, 1990
SUNIL KUMAR Appellant
V/S
FARIDABAD COMPLEX ADMN, FARIDABAD Respondents

JUDGEMENT

(1.) This appeal is directed against the judgments and decrees of the Courts below, dismissing the suit of the plaintiff-appellant for permanent injunction restraining the defendant-respondent from demolishing the building of the plaintiff which is standing on land measuring 86 biswansi kham equal to 4 biswas 6 biswansi kham, forming part of Khasra No. 1370 situated in Faridabad. The case of the plaintiff is that he purchased the afore-mentioned land vide registered sale-deed dated 13.11.1986 and completed the construction of the building in the month of December, 1987, i.e. more than six months before the threatened action of the defendant-respondent.

(2.) In the written statement filed by the defendant-respondent, it was averred that the plaintiff raised the building in an unauthorised manner and that when he started doing so, a legal notice of unauthorised construction under the provisions of Sections 208 and 209 of the Haryana Municipal Act, 1973 , was issued in the name of Mangat Ram son of Jagan Nath, as this was the precise name told to the Building Inspector, at the time of site inspection and the plaintiff did not make compliance of the terms and conditions of the notice. A further notice under Section 235 of the Act was given to the plaintiff Sunil Kumar. On the pleadings of the parties, the following issues were framed :-

(3.) The plaintiff was granted as many as three opportunities and since he did not produce any evidence in spite of sufficient opportunities having been granted, his evidence was closed under Order 17 Rule 3 of the Civil Procedure Code and the suit was dismissed. The appeal preferred by the plaintiff was also dismissed.