BABU LAL Vs. MANOHAR LAL

JUDGEMENT

(1.) The plaintiff is before this Court in this Regular Second Appeal challenging the reversal of the trial Court's decree. The trial Court had granted a decree of permanent injunction on 23/8/1996 in favour of the plaintiff, but the First Appellate Court allowed the defendants' appeal on 4/12/1998, reversed the trial Court's findings and dismissed the suit.

(2.) The trial Court record available on the DMS has been perused. For the sake of clarity, the parties will be referred to by the status in which they stood before the trial Court.

(3.) The plaintiff's case is that he has been the owner in possession of the suit property shown as letter "ABCD" on the site plan, situated within the Abadi Deh of village Hassanpur, since the time of his father. It is alleged that the plaintiff's father constructed a saar about fifty years ago and that the plaintiff subsequently raised a Nohra and constructed two Bitoras, one Bonga and one Khor on the property for residential use. The municipal committee purportedly asserted ownership and filed a complaint under Ss. 181/209 of the Municipal Act, 1973 before the Sub-Divisional Magistrate, Palwal, but that complaint was dismissed for want of sanction. The plaintiff contends that the defendants have no right in the suit property, and that they are attempting to dispossess him and demolish his constructions. Accordingly, he sought a decree of permanent injunction.