HARI SINGH Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) THIS is plaintiffs regular second appeal against the judgment and decree of the Additional District Judge reversing in appeal the judgment and decree of the trial Court whereby suit of the plaintiff was decreed.

(2.) PLAINTIFF claimed possession of plot No.4, Tobha Khana, near Sunami Gate, Patiala on the ground that plot in dispute is owned by him and is his ancestral property. He inherited it from his father Baru Singh after his death on 5.2.1970. According to the plaintiff, defendant No. 1 the Municipal Committee, Patiala has illegally occupied the same without the consent of the plaintiff and without any right or title and has also leased out the same to defendant No.2, illegally. The illegal occupation and the lease is stated to have been made 4 or 5 months prior to the institution of the suit. Since the defendants have refused to accept the claim of the plaintiff hence the suit.

(3.) ON the pleadings of the parties, the following issues were framed: -