JAGDISH LAL SHARMA Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) IN a suit filed by Shri Nanak Chand against Municipal Committee, Hassanpur and another for permanent injunction, applicant-petitioner Jagdish Chand Sharma filed an application under Order 1 Rule 10 of the Code of Civil Procedure for being impleaded as a defendant. This application was dismissed by the order dated 19. 12. 1997 passed by the learned Civil judge (Junior Division) Palwal. Being aggrieved from this order, the applicant Jagdish Chand Sharma has filed the present revision petition.

(2.) THE present suit has been filed by the plaintiff against the defendants restraining them from getting the building of the temple of Lord Shiva demolished and from cutting the trees from the suit property, which has been described as ABC in the site plan appended with the plaint. The suit is being contested by the defendants on the plea that plaintiff has nothing to do with the land in question and the defendant-Committee is the owner in possession of Khasra No. 505 where the alleged property is stated to be located. In fact, it has been stated in the written statement that the suit property is a part of Khasra No. 505 and is owned and possessed by the Municipal Committee. The other allegations in the written statement have been disputed. Even existence of the alleged temple is denied. When the suit was at the initial stage the present application was filed by present petitioner Jagdish Chand Sharma for impleadment.

(3.) AGGRIEVED by the order the applicant had preferred an appeal, being appeal No. 38/13 of 1971 titled as Jagdish Chand Versus Gram Panchayat and another. In appeal, learned District Judge, Gurgaon, set aside the judgment and decree of the trial Court and allowed the appeal preferred by the applicant. It was duly noticed in the said judgment that Khasra No. 1159 min was the subject matter of the dispute.