HUKAM CHAND Vs. M.C. BATHINDA

JUDGEMENT

(1.) This regular second appeal has been filed challenging the correctness of concurrent findings of fact arrived at by the Courts below while dismissing appellant's suit for grant of decree of permanent injunction.

(2.) In order to comprehend the issues involved in the present case, the relevant facts, in brief, are required to be noticed.

(3.) The appellant (plaintiff before the trial Court) sought decree of permanent injunction on the ground that he is the owner of the plot in question by virtue of sale deed executed by Sh. Babu Ram on 22/2/1973, on which he has constructed a factory building for installing Atta Chakki (flour mill), 'Dal' plant and oil expeller. The defendant-Municipal committee contested the suit while alleging that the plaintiff illegally and without permission has constructed a shed and boundary wall 20 to 55 feet on 2/3/1988, which was reported by the Building Inspector, when he visited the site on 2/3/1988. It was claimed that the suit property was part of the road as per the Town Planning Scheme No.3, Part II, which was duly sanctioned by the Punjab Government and is still in force in the area concerned. Moreover, the plaintiff has raised construction without seeking permission of the Municipal Committee.