MUNICIPAL COMMITTEE Vs. RAM KUMAR

JUDGEMENT

(1.) RESPONDENT Nos 1 to 9/ plaintiffs filed a suit for permanent injunction restraining appellants/ defendant No. 1 and defendant No. 2/respondent No. 10 from interfering in their peaceful possession over the suit land measuring 71 Kanals 12 Marias situated in the urban area of Jalandhar. The defendants were threatening them to take forcible possession of the suit land in order to use the same as thoroughfare, thus necessitating the filing of the suit.

(2.) DEFENDANT No. 1 denied the allegations made in the plaint. It was denied that the plaintiffs were owners in possession of the disputed land. It was pleaded that under Section 171 (4) of the Punjab Municipal Act (for short the Act), the site had been declared as public street. The plaintiffs did not file any objection when the Municipal Committee declared the site as a public street and they were estopped from doing so. The suit was alleged to be incompetent in the absence of notice under Section 49 of the Act and the jurisdiction of the Civil Court to try the suit was also challenged. Defendant No. 2, Market Committee, Jalandhar pleaded that they had no concern with the disputed site and they have been improperly arrayed as defendant in the suit.

(3.) FROM the pleadings of the parties, the following issues were framed: