MUNICIPAL COMMITTEE SIRHIND Vs. VIJAY RANI

JUDGEMENT

(1.) The regular second appeal has been preferred by the Municipal Committee, Sirhind (briefly the Committee) against whom the suit for permanent injunction has been decreed by both the Courts below.

(2.) This appeal was admitted and was directed to be heard along with Civil Revision No. 2110 of 1984, Pawan Kumar v. Sukhwant Singh and others, which has been disposed of by me by a separate order dated March 14, 1985.

(3.) Shrimati Vijay Rani and Pawan Kumar Gupta, plaintiffs purchased the plot in dispute from its previous owner Ralla Singh, vide two registered sale deeds dated 25.6.1981 and 6.6.1981. Earlier Ralla Singh had filed Civil Suit No. 95 dated 31.1.1977 against the Committee which was decreed ex parte on 1.9.1977 in favour of the said Ralla Singh. In that suit, a finding was given that he was the owner in possession and therefore, the decree for permanent injunction was passed against the defendants, including the Committee. After the purchase, the plaintiff applied to the Committee for the sanction of the plan and also kept bricks in the suit property, but the Committee threatened that it will dispossess the plaintiff from the plot in dispute forcibly. Hence, the present suit.