KULDEEP SINGH Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) The plaintiff is the appellant before this Court. He filed a suit for permanent injunction claiming that he was a tenant of the Wakf Board and had taken the land on lease from the Wakf Board and had also raised construction on the said land. The plaintiff claimed that his possession was there for the last 30 years as such the defendant Municipal Committee had no concern with the said property nor right to dispossess the plaintiff in any manner.

(2.) The defendant Municipal Committee contested the suit. It claimed that the plaintiff was in unauthorised and illegal possession of the land which was owned by the defendant Municipal Committee. However a specific stand was taken by the Committee that it would not dispossess the plaintiff from the suit property except in due course of law. The possession of the plaintiff in the suit property for a period of 30 years was also denied.

(3.) The learned trial Court, on the basis of the evidence available on the record, found that the plaintiff was in possession of the suit property.