FAQIR SINGH Vs. MUNICIPALITY JAGADHRI ITS ADMINISTRATOR

JUDGEMENT

(1.) The present appeal has been directed against the judgment and decree dated 16.01.1986, passed by the Additional District Judge, Ambala allowing appeal filed by the respondent against the judgment and decree dated 12.10.1984 passed by the trial Court allowing suit of the plaintiff/appellant.

(2.) The facts relevant for disposal of the present appeal are that Faqir Singh, plaintiff/appellant filed suit for perpetual injunction restraining the defendant from interfering in the land measuring 9 kanals 11/2 marlas i.e. 9/20th share of 20 kanals 3 marlas comprising khasra No. 199, detailed in the site plan appended with the plaint. The plea of the plaintiff is that he along with his brother Budh Singh and mother Smt. Gandi Devi owned the land in question. The portion shown by letters 'ABCD' has been utilized by the defendant for construction of a road. The portion shown by letters 'JKLM' measuring 109' x 50' was sold by a co-sharer namely Shri Baja to Smt. Inder Kaur. It is further alleged that he, his brother and mother are in possession of portion shown by letters 'LMNOPQRD'. The plaintiff constructed six pillars of bricks at points No. 1 to 6, but the defendant has demolished it and is threatening to forcibly enter into possession of the suit land. It is further averred that the defendant by taking undue advantage has constructed a building as shown by letters 'EGHI in the site plan.

(3.) The defendant filed the written statement seriously contesting the claim of the plaintiff, denying ownership and possession of the plaintiff, his brother and mother on the land in dispute with the averments that the entire khasra No. 199 measuring 20 kanals 3 marlas is a 'sare-aam', which was being used by inhabitants of Jagadhri and the site in dispute is a public road which connects Jagadhri Civil Lines road with Bilaspur road and it had throughout been in actual and physical possession of the defendant. It is further averred that the defendant had its manure pits on the part of the site in dispute. The defendant has already transferred the land in dispute to the Public Works Department (Building and Roads Branch), Yamuna Nagar for construction of a pucca road and the work is in progress. It is seriously disputed that the plaintiff and his associates are in possession of the portions marked by letters 'CEFG' and 'LMNOPQRD' depicted in the rough site plan attached. The portion marked by letters 'FEFG' is a passage for providing access to the officer's residence of the Municipality and also to the office of Public Health Department and other residents of the locality. The site shown by letters 'HIJK' is a public street for having access to the Christian Colony, Jagadhari and the portion shown by letters 'LMNOPQRD' is used by Municipality as manure pits for dumping the refuge of the town. The entire land in suit being sare-aam vests in the Municipality, Jagadhri for all intents and purposes.