BHABHUTA RAM Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) This second appeal is directed against judgment and decree dtd. 30/1/2014 passed by Civil Judge (Junior Division), Sri Vijaynagar, District Sri Ganganagar ('the trial court') and judgment and decree dtd. 17/7/2019 passed by Additional District Judge, Raisinghnagar, District Sri Ganganagar ('the appellate court'), whereby, the suit and appeal filed by the appellants have been dismissed, respectively.

(2.) A suit was filed by one Bhabhuta Ram in 2000, inter alia, seeking permanent injunction against the Municipality, Sri Vijaynagar with the averments that he was in possession of Plot No. 50, which was regularized in his favour and besides the said plot he was in possession of Plot Nos. 49, 59 and 60 and a land ad measuring 12x80 ft. between the Plot Nos. 49 and 50 for over 30 years. The respondent-municipality was seeking to dispossess the plaintiff despite the fact that he was entitled for regularization of his possession and therefore a permanent injunction be issued against the defendants not to dispossess him.

(3.) The suit was resisted by the Municipality, inter alia, with the submissions that the claim regarding old possession by the plaintiff is factually incorrect and that the attempts were being made to take possession of the land belonging to the Municipality. Further submissions were made that in so far as seeking regularization of illegal possession is concerned, once a plot of land i.e. Plot No. 50, which was in illegal possession of the plaintiff, already stands regularized in his favour, he is not entitled for seeking regularization of illegal possession on other pieces of land and prayed that the suit be dismissed.