M.C. JALANDHAR Vs. DEEWAN CHAND

JUDGEMENT

(1.) This Regular Second Appeal is directed against judgment and decree dated 10.05.1988 passed by the Court of learned Additional District Judge, Jalandhar whereby appeal filed by the appellant-plaintiff against the judgment and decree dated 04.11.1986 passed by the learned Sub Judge, 1st Class, Jalandhar was accepted. For convenience sake, hereinafter, reference to parties is being made as per their status in civil suit.

(2.) The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that the plaintiff had filed suit for permanent injunction restraining the Municipal Corporation Jalandhar from demolishing the construction shown in red colour of property No. BXXXVIII-734 situated in Bhargava Camp, Jalandhar City. As per plaintiff, he had purchased said house from the Rehabilitation Department. The structure shown in red colour in the site plan has been in existence since 1972 and the plaintiff had been using the same for his residential purpose. Later on, the defendant-Corporation started asserting that the plaintiff had encroached on a part of the public street to the extent of North 23'-6", South 16'-2", East 33' and West 33'-2" whereas in fact there is no public street on the spot. The said land belongs to the plaintiff and is part and parcel of his house. The defendant also served a legal notice to demolish the disputed construction and the said notice is illegal, null and void and liable to be struck down.

(3.) The case of the defendant-Corporation is that the disputed site is part of the public street and the plaintiff had raised a construction on the same by constructing boundary wall and two rooms. Notice was served upon the plaintiff. The jurisdiction of the Civil Court was also challenged and the defendant prayed that the suit be dismissed.