MUNICIPAL CORPORATION, JALANDHAR Vs. OM PARKASH

JUDGEMENT

(1.) This order of mine shall dispose of two Regular Second Appeals bearing No.2213 of 1988 and 2399 of 1989 as the common question of fact is involved. RSA No.2399 of 1989 is arising out of decision rendered in Civil Suit No.340 of 1984 titled as "Om Parkash Versus Municipal Corporation, Jalandhar" (for short, Suit No.1), wherein Om Parkash had sought the declaration to be owner in possession of Plot No.3 measuring 35' Regular Second Appeal No.2399 of 1989 (O&M) {2} x 39'2" x 41'x 42'7" comprised in Khasra Nos.7566 and 7585 with consequential relief of mandatory injunction directing the Municipal Corporation, Jalandhar to sanction the building plan submitted by the plaintiff vide receipt dtd. 6/3/1981.

(2.) RSA No.2213 of 1988 has arisen out of decision rendered in Civil Suit No.21 of 1985 titled as "Rajinder Singh Versus Commissioner, Municipal Corporation, Jalandhar City and another" (for short, Suit No.2), claiming permanent injunction restraining the defendants from interfering into possession or demolishing the boundary wall of the plot shown red in the plan attached.

(3.) Plaintiff, in Suit No.1, as noticed above claimed the aforementioned relief, which was disputed by the defendants on the premise that there was no actionable right and asserted that the suit property belonged to the Municipal Corporation. On the basis of the aforementioned pleadings, following issues were framed in Suit No.1:-