KRISHNA DEVI Vs. MUNICIPALITY

JUDGEMENT

(1.) THIS is unsuccessful plaintiffs regular second appeal.

(2.) PLAINTIFF filed a suit for permanent injunction restraining the defendant, Municipal Committee from issuing Teh Bazari of Khokha in occupation of Baldev Raj, defendant No. 2, in front of premises bearing No. 4143 situate at Ram Bagh Road, Ambala Sadar/Ambala Cantt. As per averments made in the plaint, it has been stated that the plaintiff is owner in possession of premises No. 4143. Defendant Municipal Committee had been leasing out the site beneath the wooden Khokha to certain persons and finally Baldev Raj, defendant No. 2, was inducted as a licencee in respect of the khokha. According to the plaintiff, the existence of khokha impaired the value and utility of the house which the plaintiff purchased vide sale deed dated 24.3.1982. Hence the present suit.

(3.) DEFENDANT No. 1 in its written statement has taken the plea that the suit is not maintainable in the present form; that the civil court has no jurisdiction; that no notice Under Sec. 80 of the Code of Civil Procedure was given before filing the suit. However, the defendant admitted that the khokha in dispute was given on Teh Bazari earlier to Kharaiti Lal, Joti Parshad and Janak Raj and that Baldev Raj has applied for transfer of the Khokha on Teh Bazari in his name. It has further been stated that the Municipal Committee had the right to issue teh -bazari licence without, any hindrance.