MALI RAM Vs. SHYAM SUNDER AND ANOTHER

JUDGEMENT

(1.) Plaintiff-appellant is in second appeal against the judgment and decree dated 09.04.1987 passed by Additional District Judge, Narnaul whereby judgment and decree dated 30.07.1986 passed by Sub Judge Ist Class, Narnual was upheld.

(2.) Plaintiff filed suit for permanent injunction on the ground that he is owner in possession of MEP No.1630 measuring 994 square yards (86' x 104') with the following descriptions:-

(3.) Plaintiff claimed that he purchased suit land in open auction on 17.02.1959 for a consideration of Rs.1500/-. Sale certificate was issued on 30.05.1959 by the Competent Authority. He claimed his proprietary possession over the suit land since May 1959. Plaintiff alleged that Ram Chand Purohit defendant No.1 filed a civil suit No.305 of 1974 against the plaintiff and defendant No.2 restraining them from interfering in his possession over residential plot measuring 2244 square yards. In the said suit defendant-Municipal Committee, Narnaul filed a written statement admitting plaintiff to be owner in possession of the suit land. The site plan was also got prepared by the Municipal Committee and was produced on record. Ram Chand Purohit-defendant No.1 prevailed upon Municipality Committee for obtaining sanction of site plan which otherwise could not have been given to him because plaintiff was owner in possession of the land. Ram Chand Purohit-defendant No.1 got the suit dismissed as withdrawn on 15.09.1977.