LAWS(P&H)-2019-11-9

RISHI RAJ Vs. MUNICIPAL COMMITTEE

Decided On November 01, 2019
RISHI RAJ Appellant
V/S
MUNICIPAL COMMITTEE Respondents

JUDGEMENT

(1.) This Regular Second Appeal has been preferred by the plaintiff against the concurrent judgments and decrees passed by the Courts below.

(2.) Brief facts are that the plaintiff filed a suit for declaration with consequential relief of permanent injunction seeking decree of declaration to the effect that order dated 07.11.2014 passed by defendants No. 1 to 3 was illegal, null and void and the same was not binding upon rights of the plaintiff. Decree for permanent injunction was also sought, seeking to restrain the defendants from interfering in peaceful possession of the plaintiff over the suit property and also to restrain defendant No. 4 from registering the sale deed on the basis of assessment of M.C. Meham regarding the suit property detailed in the headnote of the plaint. Plaintiff claimed that he is owner in possession of the property No. 128, (new No. 51C77U113) situated at Ward No. 1, Meham, Tehsil Meham, District Rohtak having defined boundaries. Plaintiff claimed the aforesaid property to be ancestral property and in the municipal record name of Amar Singh was wrongly recorded and the entries were stray entries as no such person ever resided in Meham.

(3.) Plaintiff further claimed that he has paid the assessment fee of Municipal Committee, Meham vide receipt No. 39 dated 28.12.2013 and electricity connection also stood in his name on the strength of receipt No. 075542 dated 14.08.2014. Electricity connection was installed after due verification and no objection was put up by the Secretary, Municipal Committee, Meham.