RAM BALLABH Vs. NAGAR PALIKA NARNAUL

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree of the learned Additional District Judge, Narnaul, in Civil Appeal No. 452 of 1978 dated January 18, 1982.

(2.) The plaintiffs are the appellants. They filed a suit against the defendant - Nagar Palika (at present called Municipal Council) for mandatory injunction, restraining the defendant from interfering with the construction on the site marked as 'ADEF' and also for setting aside the order of the Administrator dated January 15, 1975, and that the order of the Deputy Commissioner, Narnaul, dated March 25, 1975, is null and void and ineffective and not binding on the plaintiffs.

(3.) According to the plaintiffs, they purchased the suit property under two sale deeds dated April 17, 1974 and December 10, 1973, and for raising construction, they applied for sanction of the plans to the then Nagar Palika, Narnaul. Sanction was refused by the Administrator and the appeal was also dismissed by the Deputy Commissioner. That necessitated the plaintiff to approach the court by filing the suit. According to the defendant, the disputed site 'ADEF' is an encroachment since it forms part of the public path and the same was not owned by the plaintiffs. According to it, it was owned by the Municipal Council and the plaintiffs are trying to encroach upon it and want to raise the construction, therefore, the sanction of the plans was rightly refused. It is farther pleaded that no notice was given prior to the filing of the suit. Therefore, the suit is bad for want of notice. On the pleadings, the trial Court learned appropriate issues and an a consideration of the evidence on record, the learned Senior Sub-Judge, Narnaul, by his judgment dated October 28, 1978, decreed the suit holding that the plaintiffs are the owners of the disputed sites and further directed the respondents to accord sanction to the plaintiffs to raise construction on the site in dispute. Aggrieved by the same, the defendant filed an appeal to the learned Additional District Judge, Narnaul, who, by his impugned order, allowed the appeal and set aside the decree and judgment of the trial Court and dismissed the suit. The plaintiffs, therefore, filed this appeal.