SURESH KUMAR Vs. SURESH PAL AND ORS.

JUDGEMENT

(1.) This Regular Second Appeal has been filed against the concurrent findings of the Courts below recorded against the appellant who was defendant No. 2 in the suit.

(2.) The suit was filed by respondent No. 1 against respondent No. 2-defendant No. 1-Municipal Committee, Nilokheri (for brevity 'MC') and appellant-defendant No. 2.

(3.) The dispute is concerning allotment of the site adjoining shop No. 10 which is already on rent with appellant-defendant No. 2 under MC-respondent No. 2. Dimensions of the shop originally allotted to appellant-defendant No.2 was 9' x 20' and now by adding the additional structure the area of the shop would become 15' x 20' meaning thereby that area of 6' x 20' was proposed to be added to the existing shop of appellant-defendant No. 2. It was stated by respondent No. 1-plaintiff that the disputed site i.e. the shop adjoining shop No. 10 was constructed by spending public money which therefore, cannot be allotted to any individual without putting the property to public auction. The appellant-defendant No. 2 is stated to have close connection with the Chairman of MC being his supporter.