MUNICIPAL COMMITTEE, SOHANA Vs. DEVA RAM

JUDGEMENT

(1.) THE defendant-Municipal Committee is in appeal. A suit for permanent injunction was filed by plaintiff Deva Ram. It was claimed that he was owner in possession of the house described in the plaint. There is a Chabutra in front of the said house. The plaintiff claimed to be owner in possession of Chabutra as well. He claimed that he had secured approval of defendant-Municipal Committee for the construction of aforesaid Chabutra in the year 1963 which exists at the spot since times immoral even prior to the purchase of his property from the Custodian. The defendant- Committee had issued a notice under Section 235 of the Haryana Municipal Act vide which the plaintiff was asked to remove the aforesaid Chabutra. Accordingly, the plaintiff brought the suit to challenge the aforesaid notice and seek an injunction against the defendant-Committee from demolishing the said Chabutra.

(2.) THE defendant had contested the suit. It was claimed that the plaintiff was not the owner of the Chabutra in any manner and the aforesaid Chabutra had been constructed by way of an encroachment on the public street belonging to the Municipal Committee. It was also denied that the Chabutra had ever been raised by the plaintiff after obtaining any approval from the Municipal Committee. Various other pleas for contesting the suit were also taken.

(3.) THE matter was taken up in appeal.