MUNICIPAL COMMITTEE Vs. MOHAN SINGH

JUDGEMENT

(1.) Mohan Singh filed suit No. 373 of 1965, seeking permanent injunction restring Municipal Committee, Jullundur and Punjab Wakf Board, from interfering in use of plot bearing Khasra Nos. 6508 and 6509, in his possession as tenant under the Punjab Wakf Board and further challenged the notice under section 173 of the Punjab Municipal Act dated 31.1.1965, asking Mohan Singh for removal of the encroachment from the Public street, Mohan Singh denied it to be a public street and claimed it to be part of Khasra Nos. 6508 and 6509. The suit was contested by the Municipal Committee only.

(2.) Amar Singh filed another suit No. 413 of 1965 seeking mandatory injunction against the Municipal Committee to restore the public street and against Mohan Singh and Sohinder Singh, for removal of the encroachment made by them by putting their Khokhas on the public street. It was further claimed that a building plan was sanctioned by the Municipal Committee but the construction was not possible for want of free access because of encroachments by them.

(3.) In fact Mohan Singh's defence in the suit, was the same, as was his claim in suit No. 373 of 1965, i. e., Mohan Singh claimed to be in possession of suit property which was part of grave-yard constituted of Khasra Nos 6508 and 6509.