MUNICIPAL COUNCIL Vs. CHARANDAS

JUDGEMENT

(1.) S .B. Civil Revision No. 59/77 by Municipal council Udaipur against Charandas and Ors. and S B Civil revision No 32/78 by Municipal Council Udaipur against Shri Charandas and others are inter connected with each other and do arise out of one and the same suit filed by Shri Charandas and other 37 persons against the Municipal Council Udaipur and Tej singh for grant of perpetual injunction restraining the defendant No 1 from ousting the plaintiffs from possession of their house and land in dispute and from causing any Interference with their ownership and possession of the same.

(2.) THE relevant facts giving rise to these two revision petitions may be briefly stated as follows : Shri Charandas and 37 persons instituted a suit against the Municipal Council Udaipur and Shri Tej Singh for grant of perpetual injunction in the court of the learned Munsif Udaipur on 17 -4 -69. The averments in the plaint were that the plaintiffs owned and possessed 7 Bighas and 15 Biswas of Abadi land in city of Udaipur after purchasing it from Tej singh defendant No 2 vide registered sale deed 18 -9 -65, a 'kacha' house covered by Kalu has been constructed in the said land and the 'kacha' house also belongs to the ownership and possession of the plaintiff. On 2 -8 -62 a complaint was lodged against the plaintiffs that they had constructed 'Kot' on the said land Upon this complaint the Chairman Municipal Council Udaipur directed an inquiry to be made into the allegations. The Commissioner and the Revenue Officer Municipal Council Udaipur throughly inquired into the complaint and passed an order that the disputed land did not belong to the Municipal Council. This order was confirmed by the Chairman Municipal Board vide his order dated 5 -6 -1966 Despite this order the Municipal Council Udaipur caused proceedings to be initiated against the plaintiffs under Section 91 of the Land Revenue Act in the Court of Tehsildar Girva for their unlawful dispossession from the land. As the plaintiffs hive been continuously in peaceful possession of the land in question as owners thereof and as the Muncipal Council Udaipur is bent upon dispossessing them from is they prayed for grant of perpetual injunction against the defendants restraining them from ousting the plaintiffs from the possession of the disputed land and from causing any interference with their ownership and possession thereof In the alternative the plaintiff, alleged In their plaint that if their title to the land in dispute is not established they hive acquired ownership over it by adverse possession since 1942.

(3.) UPON pleadings of the parties the learned Munsif framed as many as 4 issues in the first instance but later on 15 -7 -72 he struck another additional issue which reads as follows: