DALIP SINGH Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) THE plaintiff is in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court on 02.06.1992 whereby the defendant's appeal was accepted and judgment and decree passed by learned trial Court in favour of the appellant was set aside. The appellant filed a suit for permanent injunction for restraining the defendant -Municipal Committee from demolishing the wall of the plaintiff situated on the southern side of the house owned by the plaintiff. The challenge of the plaintiff was to a notice served under Section 172(2) of the Punjab Municipal Act, 1911, directing the plaintiff to demolish the wall on the southern side of the road being illegal construction on the municipal road. The stand of the plaintiff was that the said wall is in existence from the last 15 -20 years.

(2.) IN the written statement, the defendant alleged that the plaintiff has encroached upon an area of 55' X 9' of the road passing through khasra No. 3064 within 3 years of the filing of the suit and that the plaintiff has no concern with the site in dispute and prayed for the dismissal of the suit.

(3.) HOWEVER , in appeal the learned first Appellate Court held that plaintiff has not led any evidence to prove his ownership over the land in question. In the absence of any document of title over the land in question, the plaintiff cannot claim title over the said part of the land on the basis of possession when the adverse possession is claimed against the Municipal Committee. The learned first Appellate Court found that Khasra No. 3064 was that of a street which is evident from the report Ex. D6 of the local commissioner coupled with the photocopy of map Ex. D7. In view of the said finding, the learned first Appellate Court set aside the judgment and decree passed by the learned trial Court and dismissed the suit.