MUNICIPAL COMMITTEE Vs. BALDEV PARSAD

JUDGEMENT

(1.) The Municipal Committee, Hassanpur, has filed this revision petition against the order dated September 14, 1984, of the learned Additional District Judge, Faridabad, dismissing its application for amendment of the written statement.

(2.) A suit had been filed by Baldev Prasad and Deen Dayal for permanent injunction restraining Ramesh Chand and other defendants from encroaching upon public street. They had also impleaded Municipal Committee, Hassanpur, the present petitioner as defendant. The petitioner had filed a written statement. The petitioner had pleaded that the area measuring 58 feet x 138 feet was the property of the Municipal Committee and the co-defendants had illegally encroached upon the suit-land. It was further pleaded that the plaintiffs or defendants are not entitled to encroach upon the street in question and defendants 1 to 5 could not carry any construction on the public street. The site, in dispute, was a thoroughfare. It was a Gora Deh and belonged to the Gram Panchayat. It was shown at Serial No. 79 of the Register of houses maintained by the Gram Panchayat and later it was shown at Serial No. 20 in the House Tax Assessment Register maintained by the Committee.

(3.) In the written statement, however, the khasra numbers of the site, in dispute, had not been mentioned. The trial Court framed the following issues :-