MUNICIPAL COMMITTEE, KHANNA Vs. SHEELA RANI

JUDGEMENT

(1.) Facts giving rise to this second appeal by the Municipal Committee, Khanna, are as follows :-

(2.) The Municipal Committee, Khanna, plaintiff-appellant, through its President, filed a suit for possession of 33 kanals 15 marlas of land forming part of Khasra No. 2247, Khewat No. 1553, Khatauni No. 2047, fully described in the heading of the plaint. It was averred by the plaintiff that the land measuring 61 kanals 6 marlas consisting of Khasra No. 2247 was owned by Mandir Shivala, defendant-respondent No. 7, that 41 kanals 14 marlas out of the said land was leased to it on 2nd January, 1957, for a period of 99 years by Mandir Shivala through Amar Singh, one of the trustees, and that the remaining land measuring 19 kanals 3 marlas was further leased out to it for a period of 20 years with effect from 23rd July, 1962 by the said Mandir through Amar Singh and Malan Singh trustees: that the plaintiff-Committee handed over the possession of 27 kanals 12 marlas of land to Government Girls Higher Secondary School; that the possession of the remaining land measuring 33 kanals 15 marlas had remained with the plaintiff Committee for public use; that defendants 1 and 2 had taken forcible possession of that piece of land about 4 years prior to the institution of the present suit alleging that a 'pattanama' had been executed in their favour by Ishar Dass, one of the trustees; that the possession of defendants Nos. 1 and 2 over the land in suit was illegal and without any jurisdiction.

(3.) The parties contested on the following issues :-