LAWS(P&H)-1998-5-75

PRESIDENT MUNICIPAL COUNCIL Vs. HARI CHAND

Decided On May 15, 1998
PRESIDENT MUNICIPAL COUNCIL Appellant
V/S
HARI CHAND Respondents

JUDGEMENT

(1.) BY this common judgment both the- revision petitions namely Civil Revision Nos. 1110 of 1998 and 2926 of 1997 can be dispose of together.

(2.) CIVIL Revision No. 1110 of 1998 is directed against the judgment pronounced by the learned District Judge, Hoshiarpur dated 3. 2. 1998. By virtue of the impugned judgment, the learned District Judge restrained the Municipal Council, Hoshiarpur, from removing or demolishing the alleged encroachment on the street during pendency of the suit.

(3.) IN the reply filed by the petitioners, the suit and the application seeking ad-interim injunction has been contested. It is alleged that the suit is barred by the principle of res-judicata. The site was stated to be 24' wide street. The respondent has encroached upon the said street by 7' When it was noticed, the matter was raised before the Public Grievances Committee. It found that there has been encroachment. Hence, the contemplated action.