MUNICIPAL COUNCIL Vs. MAHABIR PARSHAD

JUDGEMENT

(1.) THIS is defendant's second appeal directed against the judgment and decree of the Additional District Judge, Narnaul, whereby appeal filed by the plaintiffs has been allowed and in consequence thereof, their suit has been decreed.

(2.) IN brief, the facts are that plaintiffs (respondents herein) filed suit for permanent injunction against the Municipal Committee (appellant herein) to the effect that they are owners in possession of the plot in dispute. They also sought injunction for restraining the Municipal Committee from demolishing the construction raised by them. Notice dated 31. 12. 1984 served upon them by the Municipal Committee too was challenged being illegal. On notice of the suit, the Municipal Committee contested the suit and contended that the land in dispute is part of Nazul land which vests in the Municipal Committee. It further contended that it 'received complaints from the inhabitants of the mohalla that the residents that the residents are encroaching upon the land of the Committee by raising construction and so, on inspection of the site, notice dated 31. 12. 1994 for removal of the illegal construction raised by the plaintiffs, was issued. It was also contended that the suit has been filed by the plaintiffs only to stall the action sought to be taken by the Committee on the notice. On the pleadings of the parties, the following issues were framed by the trial Court;1. Whether the plaintiffs are owner in possession of the suit property as detailed in the head note of the plaint? OPD. 2. Whether the suit in the present form is not maintainable?. OPd

(3.) WHETHER the defendant is entitled to special cost Under Section 35-A CPC? OPD.