MUNICIPAL COUNCIL, UDAIPUR Vs. BASANTI BAI & ORS

JUDGEMENT

(1.) This appeal has been preferred by the appellantdefendant the Municipal Council, Udaipr against the respondent plaintiffs Smt.Basanti Bai, and Smt. Raj Kumari being aggrieved by the judgment and decree passed by the learned District and Sessions Judge dated 16.02.1984 passed in civil suit No/1977 by which the learned trial court partly decreed the suit of the respondent-plaintiff.

(2.) The short facts giving rise to this appeal are that the plaintiff respondent filed a suit in the court of District Judge, Udaipur for return of the material and in the alternative to make payment of Rs.13,499.25. The plaintiff respondent's case is that he has been carrying on business of selling coal and timber on the piece of land of his ownership and possession. He had also constructed a tin shed over the said plot. The plaintiff-respondent's further case is that the Municipal Council , Udaipur made an earlier attempt to dispossess him and therefore, he filed a suit for permanent injunction against the defendants. The defendant- appellant taking the advantage of emergency, on 01.03.1977, arrived with a gang of persons and forcibly demolished the tin shed and took away the articles lying there. The plaintiff respondent has given a list of the articles which were taken away by the defendant and has assessed the costs for a sum of Rs.13,499.25. The plaintiff respondent also claimed compensation at the rate of Rs.25/- per day. The suit was filed against two defendants , Municipal Council Udaipur and Manohar Singh, who was working as Inspector at the relevant time. Both the defendants filed written statements controverting the allegations pleaded in the plaint and categorically denied the fact of the ownership and possession of the plot in dispute. The plaintiff respondent filed the rejoinder. On the basis of the pleadings of the parties, the learned trail court framed the following six issues:-

(3.) The plaintiff examined herself as PW/1, PW/2 Smt. Rajkumari, PW/3 Devi Lal, PW/4 Jorawar Mal, PW/5 Bhagwati Lal, PW/6 Chandanmal and PW/7 Nand Kishore. The defendant , in rebuttal of the evidence of plaintiff, examined DW/1 Manohar Singh, DW/2 Allanoor and DW/3 Parmeshwar Narain. The plaintiff produced 12 documents Ex.1 to Ex.12 and the defendants produced 9 documents Ex.A-1 to A-9. During the pendency of the suit, plaintiff Ratan Lal died and his wife Basanti Bai and daughter Raj Kumari were brought on record as legal representatives.