MUNICIPAL COMMITTEE, REWARI Vs. CHETAN DASS

JUDGEMENT

(1.) This is defendant Municipal Committee's appeal arising out of suit for permanent injunction filed by plaintiff-respondent claiming property marked ABCDEF in the site plan Exhibit P.5 to be his own property, the same having been purchased from the rehabilitation department. The plaintiff-respondent's suit partly succeeded before the trial Court and the trial Court granted injunction against the Municipal Committee not to encroach upon property marked ABEF. However, it declined permanent injuntion qua the property marked BCDE. Both the parties challenged the said judgment and decree in appeal. The first appellate Court dismissed the appeal filed by the Municipal Committee while accepting that of the plaintiff.

(2.) The learned Appellate Court held that the entire property described as ABCDEFG had been purchased by the plaintiff from the rehabilitation department vide conveyance deed Exhibit P.1. It further held that even though the area mentioned in the plan Exhibit P.5 filed by the plaintiff along with the plaint varied from the area that lies within the confines of ABCDEFG, the same was of no consequence as in the said plan the property had been described by boundaries. When such is the case, then the entire area within the indicated boundaries would be the area that is to be taken into consideration and not the area mentioned by measurements in a given document.

(3.) One cannot but agree with the lower Appellate Court in this regard. More so, when regard is had to the fact that plaintiff's case rests on document Exhibit P.1 in which the property is described by boundaries and no area is mentioned and, therefore, the entire area within the confines of the said boundaries is the area that the plaintiff must be taken to have purchased from the rehabilitation department and further it is nobody's case that on the side of railway road, there existed any property between the railway road and the property sold by the rehabilitation department to the plaintiff as belonging to the Municipal Committee or anybody else.