PARAS MITTAL Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) Defendant No.1-appellant is in the regular second appeal against the concurrent finding of fact arrived at by the Courts below.

(2.) Plaintiff who is respondent No.3 filed a suit for declaration with consequential relief of permanent injunction. It is the case of the plaintiff that in town Kalayat, District Kaithal, there is a temple of Kapil Muni with a pond attached thereto. The plaintiff claims that he and other villagers are worshippers of the aforesaid temple. The plaintiff in fact brought to the notice of the Court that in collusion with the officials of the Municipal Committee Kalayat, the defendant-appellant had wrongly got exchanged the plot measuring 150'x63' comprised in khasra No.485 with land measuring 1 kanal and 15 marlas comprised in khasra No.321 which was part of the temple with pond attached thereof. The plaintiff also claimed that the judgment and decree obtained by the defendant-appellant dtd. 13/1/2006 in civil suit No.403 of 2004 is also illegal, null and void. The plaintiff further pleaded that before the exchange, permission of the competent authority had not been obtained.

(3.) The defendant-appellant contested the suit. A separate written statement was filed by Municipal Committee. However, defendant No.3 adopted the written statement filed by Municipal Committee. The locus standi of the plaintiff was challenged. It was claimed that the plot in question exist in khasra No.485 which vest with the Municipal Committee, Kalayat. The exchange of the property was admitted. It was claimed that the property which has been obtained in exchange by the Municipal Committee, a tubewell has been installed. It was claimed that due intimation was sent to the Director, Local Bodies, Haryana but the resolution as passed by the Committee has not been set aside.