SHANTI DEVI SHARMA Vs. NAGAR NIGAM

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) Plaintiff-appellant filed a suit for permanent injunction in respect of disputed property on the ground that she purchased the property in dispute after payment of sale price to defendants. Thereafter, a permission to raise construction was also granted to the plaintiff, but when the plaintiff wanted to raise construction, then the defendants restrained the plaintiff from raising any construction over the property in dispute, therefore, the defendants may be restrained not to put any hindrance in raising construction over the property in dispute.

(3.) The defendants filed their written statement, wherein it was pleaded that disputed property is a part of public way i.e. public property, therefore, it could not have been allotted or sold by the defendants, although an application was filed for sale of the land in dispute by the plaintiff, but since the same was ultimately found to be a part of public way/public land, therefore, no allotment order was issued in favour of the plaintiff and no sale deed has been executed in favour of the plaintiff.