FAQIR MOHD Vs. MUNICIPAL COMMITTEE NABHA

JUDGEMENT

(1.) THIS is yet another glaring example, where an unscrupulous and dishonest litigant has been trying to grab the public property, by adopting every possible illegal method.

(2.) PRESENT appeal, at the instance of defendant, is directed against concurrent findings recorded by both the learned courts below, whereby suit for declaration, possession, permanent injunction and mesne profits filed by the plaintiff -Municipal Committee was partly decreed.

(3.) THE brief resume of the case of plaintiff, as pleaded in the plaint is that the suit land is part of Nabha Fort and falls within the municipal limits of the committee. It is alleged that earlier the ownership of the suit land vested in Nabha State and in terms of the notification dated 17.5.1950 issued by the Secretary, Government of Erstwhile Pepsu State, the ownership of the suit land vests in the plaintiff/municipal Committee. It is alleged that the defendant was introduced as a tenant by the Horticulture Department of State of Punjab and subsequently the defendant started claiming himself to be the owner of the suit land. It is alleged that the defendant remained in possession of the suit land for the period 1969 -70 to 1974 -75 as lessee under the Horticulture Department as he was inducted as lessee in the public auction of the suit land. It is alleged that the defendant is claiming ownership of the suit land in terms of decree dated 2.12.1998 passed in Civil Suit no.362/9.10.1987 by the court of Sub Judge, Ist Class, Nabha, but the plaintiff/committee has not been impleaded as party in the said suit and said decree has been obtained by the defendant by committing fraud claiming adverse possession. It is alleged that the plaintiff requested the defendant several times to hand over the possession and to pay mesne profits for enjoyment of the suit land being illegal occupation of the suit land but he has refused to do so. On the aforesaid facts, the plaintiff has filed the present suit.