FAQIR SINGH Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) This order shall dispose of six revision petitions being C.R. No. 4132 of 2001, C.R. No. 1976 of 2003, C.R. No. 3085 of 2003, C.R. No. 1977 of 2003, C.R. No. 3434 of 2003 and C.R. No. 3435 of 2003, as the facts in all the cases are identical: For the sake of convenience, the facts are borrowed from C.R. No. 4132 of 2001.

(2.) The plaintiff is the petitioner before this Court. He filed a suit for declaration claiming that he is the owner in possession of the suit land on the basis of sale deed dated March 16, 1982 and March 25, 1982 executed by the original owners. He also sought declaration that the order of his eviction passed by the Collector and dismissal of his appeal by the Commissioner, Ferozepur Division, Ferozepur were illegal, bad and not binding upon the plaintiff.

(3.) The facts which emerge from the record show that vide an order dated September 23, 1998, the present plaintiff had been ordered to be evicted from the property in question by an order passed by the Deputy Director, Local Government, Ferozepur, (exercising the powers of Collector). An appeal filed by the plaintiff against the aforesaid eviction order was dismissed by Commissioner, Ferozepur Division, Ferozepur, vide order dated May 13, 1999. Consequently, claiming that he is owner in possession of the suit property and the aforesaid orders were illegal the plaintiff filed the suit in question. Alongwith the suit, the plaintiff also filed an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, claiming ad-interim injunction against his dispossession.