MUNICIPAL CORPORATION Vs. BALBIR RAJ SONDHI

JUDGEMENT

(1.) Defendant - Municipal Corporation, Jalandhar is in regular second appeal against the judgment and decree dated 10.1.1989 passed by Additional District Judge, Jalandhar, whereby appeal against judgment and decree dated 24.10.1986 passed by Sub Judge, Ist Class, Jalandhar was accepted and suit of the plaintiff was decreed.

(2.) Plaintiff Balbir Raj Sondhi filed a suit for perpetual injunction restraining the defendant -Municipal Corporation, Jalandhar from interfering in his peaceful possession and allowing him to make construction over the suit property measuring 19 marlas, depicted by words 'ABCD' with dimensions in the plaint after declaring the plaintiff to be owner in possession of the same.

(3.) Plaintiff alleged that he is exclusive owner in possession of 19 marlas of land as shown in the plaint. He applied for sanction of site plan to the Municipal Corporation on 15.11.1984 for construction on the suit property, but the same was illegally rejected by the defendant on 30.11.1984. The said order is claimed to be illegal and without jurisdiction and against provisions of law. Plaintiff further alleged that the defendant has no connection with the suit land and the same is not part of municipal land nor it vests in the defendant. The act of the defendant in treating the disputed plot as park gave cause of action to the plaintiff to file the suit.