MUNICIPAL COMMITTEE, BAHADURGARH Vs. MAHA DEI AND ORS.

JUDGEMENT

(1.) Plaintiff-respondent-Godhu Ram (since deceased) filed suit seeking the relief of mandatory injunction to the effect that defendant-appellant i.e. Municipal Committee, Bahadurgarh be directed to make necessary correction in the House Tax Register by removing names of Sube Singh and others and enter the name of plaintiff-respondent in the House Tax Register and in the Other record maintained by the defendant-appellant with regard to property bearing Municipal Nos. 120, 121 and 122, Ward No. 4 (old) and new nos. 291, 292 and 293, Ward no. 7, Dharampura, Bahadurgarh.

(2.) Learned trial Court while recording findings on issues no. 1 and 2 as to whether plaintiff is owner of the building and is entitled to relief of mandatory injunction observed that the plaintiff is not owner of the property in dispute. It was observed that defendant-appellant is owner of the land underneath the building. The relief of mandatory injunction as sought by the plaintiff was, however, denied.

(3.) On appeal, learned 1st Appellate Court upheld the findings of learned trial Court with the observations as follows:-