JIWAN DASS Vs. MUNICIPAL COMMITTEE, HISSAR

JUDGEMENT

(1.) Jiwan Dass plaintiff has filed this Regular Second Appeal against the judgment and decree of the learned Additional District Judge, Hissar, dated 10th May, 1973 by which the judgment and decree of the trial Court dismissing the suit have been affirmed.

(2.) The plaintiff-appellant filed a suit for permanent injunction restraining the defendant from demolishing or removing the foundations dug on the land in dispute and for quashing of the notices issued by the defendant under sections 172, 195 and 220 of the Municipal Act (here-in-after referred to as the Act), with a further prayer that the defendant be restrained from interfering with his possession on the allegations that the land in dispute falls in field No. 4488/2 which is owned by him. The defendant's plea in the written statement is that the land in dispute on which the boundary wall has been raised is encroachment by the plaintiff on the public thoroughfare.

(3.) On the pleadings of the parties, several issues were framed.