IMPROVEMENT TRUST Vs. SANTOSH ARORA

JUDGEMENT

(1.) C.M. No. 9155-C of 2011

(2.) For convenience sake, reference to parties is being made as per their status in the suit.

(3.) The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts, as pleaded in plaint are to the effect that the plaintiff filed suit for permanent injunction restraining the defendants from interfering in any manner whatsoever or demolishing any portion of bathroom/toilet forming part of the house in dispute shown as yellow and marked with letters ABCD in the site plan attached with the plaint, on the basis of notice dated 15.09.2003 issued under Section 208 of the Haryana Municipal Act, 1973. It was pleaded that the plaintiff had raised construction of the house in dispute in the year 1977 and since then he has been owner in possession thereof. There is a bathroom/toilet shown yellow in colour and marked with letters ABCD in the site plan attached with the plaint. The plaintiff had started raising further construction/repair in the house as per the plan sanctioned by defendant No. 3 vide order No. Y-17-03-2971 dated 28.04.2003. However, defendant No. 3 had issued a notice dated 15.09.2003 to the plaintiff under Section 208 of the Haryana Municipal Act, 1973 alleging that the plaintiff had raised certain construction against the sanctioned site plan. It was further pleaded that under the garb of said notice, defendants intended to demolish the bathroom marked with letters ABCD, mentioned above, illegally and forcibly for which they have no right. Hence, suit was filed.