KHILONI Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) THIS is plaintiffs regular second appeal against judgment and decree of the Additional District Judge, Gurgaon, whereby appeal filed against judgment and decree of the trial Court was dismissed on the ground of limitation.

(2.) BRIEFLY put, plaintiffs filed suit for permanent injunction that they are owners in possession of a plot and land marked ABC in the site plan attached with the plaint and had been using the same as owners since immemorial from the time of their forefathers. They further averred that with the intent of raising construction on the same and with a view to seek permission they applied to the Municipal Committee for sanctioning of the plot. Before the plaintiffs could raise construction, defendant Committee threatened the plaintiffs that they will be dispossessed which impelled the plaintiffs to file the present suit.

(3.) LEARNED Additional District Judge, however, did not find sufficient ground for condoning the delay and hence dismissed the appeal on April 22, 1980.