MUNICIPAL COUNCIL, KHARAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This Appeal has been preferred against the Judgment and Decree passed by the Ld. Addl. District Judge, SAS Nagar, Mohali in Civil Appeal No.00077 of 2013 dated 20.12.2016, vide which, the original Judgment & Decree passed by the Ld. Civil Judge (Junior Division) Kharar in Civil Suit No.RT.121 of 2003 dated 17.01.2011 in favour of the present Respondents/Defendants were upheld.

(2.) The original Suit was filed by the Appellant for a Declaration that it is the owner of the disputed land described in the Plaint, that the revenue record of village Khanpur showing the said land as Evacuee Property is illegal, null & void, that the land not being composite, Custodian/State Government has no valid Title over the same, and that its allotment made in favour of one Assa Singh is null and void. In addition, a Decree for Permanent Injunction to restrain the private Respondents from alienating the said land or creating any charge over the same was also prayed for in the Plaint. It may also be mentioned that the Plaintiff in its Plaint had narrated the factual background of its case in great detail and the Ld. Lower Appellate Court has referred to the same in Paras 3 to 6 of its impugned Judgment by noting that -

(3.) The Suit was however, contested only on behalf of original Defendants Nos.3 to 8, who in their Written Statement contended inter-alia -