AMAR SINGH Vs. MUNICIPAL COMMITTEE, HISSAR

JUDGEMENT

(1.) Amar Singh has filed this appeal against the judgment and decree of the learned Senior Subordinate Judge with enhanced appellate powers, Hissar, dated 22nd September, 1975, by which the judgment and decree of the trial Court were set aside and his suit was dismissed with costs throughout.

(2.) The plaintiff filed a suit for permanent injunction inter alia on the grounds that the walls in dispute shown as 'AB' and 'CD' in the site plan annexed with the plaint were built by him in October, 1970; that the plaintiff had not contravened any bye-law framed by the Committee while raising the construction and that the notice issued by the Committee dated 4th June, 1971, Exhibit P-4, under Section 195 of the Punjab Municipal Act, 1911 (hereinafter referred to as the 'Act') was illegal and void.

(3.) The suit was resisted by the Municipal Committee on the pleas that the plaintiff was not the owner of the site in question; that the construction of the walls in dispute was started in the month of May, 1971, and was completed on 1st or 2nd of June, 1971; that the plaintiff had admitted in his application dated 20th August, 1971, that the impugned notice was correct and that as the impugned notice had been issued within six months of the completion of the construction in dispute, the same was legal and valid.