PUNJABI MARKET ASSOCIATION Vs. VED PARKASH

JUDGEMENT

(1.) This is plaintiffs' second appeal, whose suit for possession and mandatory injunction was decreed by the trial Court, but dismissed in appeal.

(2.) The plaintiffs-Punjabi Market Association, Rewari, filed a suit alleging that the plot in dispute was purchased by it from the department of Rehabilitation against a consideration of Rs. 30,100/- on the basis of a conveyance deed dated 30.1.1968 and that 37 plots were carved out of the above mentioned land, which were transferred separately to the plaintiff Nos. 2 to 58, who were the members of the Punjabi Market Association. It was further alleged that defendants Nos. 1 and 2 namely Ved Parkash and Anant Ram took illegal possession of a part of their plot and also made construction thereon. According to the plaintiffs, the said encroachment was made at the instance of defendant No. 3, the Municipal Committee, Rewari. It was further alleged that the Municipal Committee had got no right to transfer it to the third person, hence the present suit.

(3.) The suit was contested both by defendants Nos. 1 and 2, as well as by the Municipal Committee, defendant No. 3, inter-alia on the ground that the plaintiffs have no locus standi to file the suit, inasmuch as they are neither the owners nor in possession of the same. The Municipal Committee took the objection that since no notice under Section 52 of the Haryana Municipal Act, 1973 (for short 'the Act'), was served, therefore, the suit as such was not maintainable. On trial, ultimately, the plaintiffs' suit was decreed. The appeal against the said judgment and decree of the trial Court was filed on behalf of Ved Parkash and Anant Ram defendants Nos. 1 and 2. The appeal has been mainly disposed of on the question of notice under Section 52 of the Act. According to the learned Additional District Judge, since no notice under Section 52 of the Act was given to the Municipal Committee, the suit as such was not maintainable. In view of that finding, he did not go into the merits of the case and the findings arrived at by the trial Court. Dissatisfied with the same, the plaintiffs have filed this second appeal in this Court.