JOGINDER SINGH Vs. SOHAN SINGH & ORS

JUDGEMENT

(1.) By this judgment, two appeals bearing RSA Nos.2175 and 2183 of 2002 which arise from the suit shall stand disposed of.

(2.) Two defendants have filed separate appeals against the judgment passed by the learned first appellate court. At the outset, it must be noticed that a request for disposal of the appeals in terms of compromise between Sohan Singh and Joginder Singh has been made. However, keeping in view the fact that the property in dispute was reserved for community use, prayer for settling the dispute through compromise is being rejected on the basis of the findings of the learned first appellate court which are being noticed hereinafter and upheld.

(3.) Three plaintiffs, who are plot holders in Nigam Colony filed a suit with prayer for issuance of mandatory and permanent injunction against Municipal Corporation, Amritsar-defendant No.1 and Joginder Singh- defendant No.2. Pleaded case of the plaintiffs which is undisputed by the Municipal Corporation is that in the year 1980 the Municipal Corporation prepared a lay out plan of open land and after carving out plots for residential purposes, the area in question was reserved for community use. Remaining plots were allotted/sold by the Municipal Corporation to its employees and some of the plots have been further re-sold. Now Municipal Corporation, i.e. defendant No.1, has carved out a residential plot in the area which was reserved for community uses and allotted to defendant No.2, forcing the plaintiffs who are residents of the same colony to file the suit.