MUNICIPAL COMMITTEE, TANDA URMAR Vs. GIAN CHAND

JUDGEMENT

(1.) THIS second appeal arises from a suit for permanent injunction filed by plaintiff -Gian Chand restraining defendant -Municipal Committee from demolishing any part of the house in dispute which has been decreed by the Court of first instance vide judgment and decree dated 19.02.1987. Feeling aggrieved, defendant preferred an appeal which has been dismissed with some modification by lower Appellate Court, vide judgment and decree dated 27.08.1987.

(2.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts relevant for disposal of this regular second appeal are that plaintiff filed the suit with the allegations that he is owner of the house which is situated within the limits of Municipal Committee Tanda Urmur, shown in red colour in site plan and fully described in the head note of the plaint. Plaintiff constructed the house in the year 1973 after getting sanction from defendant. Defendant served a notice upon plaintiff requiring him to demolish some portion of the house in dispute on the allegations that plaintiff had made encroachment upon its property. However, plaintiff has not made any encroachment on the property of defendant.

(3.) AFTER appreciating the evidence, the Court of first instance decreed the suit. Feeling aggrieved, defendant preferred an appeal which has been dismissed by lower Appellate Court with some modification that defendant -Municipal Committee would be at liberty to take recourse to any other law for removal of encroachment, if any. Hence, this regular second appeal.