MURTI SHIVJI Vs. MUNICIPAL COUNCIL, NARNAUL

JUDGEMENT

(1.) IN a suit preferred by the petitioner for seeking decree of permanent injunction, the petitioner claiming himself to be owner in possession of the property, had challenged notice under Section 181 of the Haryana Municipal Council Act, 1973 whereby the Municipal Council, Narnaul had started proceedings of removal of encroachment at the municipal land made by Budh Ram son of Puran Chand who had filed the suit as Mohtmim/Manager of the petitioner - idol. By way of an application under Order XXXIX Rule 1 and 2 CPC, the petitioner had sought to restrain the defendants from demolishing the suit property which is in the nature of a tin shed and is used for tying of the cows and the other cattleheads.

(2.) THE trial court in its order of 20.11.2013, after discussing entire factual matrix and attending circumstances came to a definite finding that neither there was any prima facie case in favour of the plaintiff nor balance of convenience was on his side. It was found that the suit property i.e., the tin shed was in possession of Budh Ram son of Puran Chand as a trespasser and that too upon government land and thus was not to be considered to be in possession in the eyes of law. For the similar reason, even report of building expert produced before the court consequently was held to be of no help to the petitioner. It would be relevant to mention that even in appeal preferred by the petitioner -plaintiff, no better result came to his way. In short, there are concurrent findings on matters of fact against the petitioner.

(3.) HEARING has been provided.