MUNICIPAL BOARD, RAJSAMAND Vs. MUNAWAR KHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 20.08.2007 passed by the Additional District Judge (Fast Track), Rajsamand, whereby the appeal filed by the respondent-plaintiff against judgment and decree dated 30.10.2003 passed by the Civil Judge (JD), Rajsamand, District - Rajsamand, has been set aside and the suit filed by the respondent-plaintiff has been decreed.

(2.) The suit for permanent injunction was filed by the plaintiff against the Municipal Board and its Executive Officer, inter alia, with the submissions that he was owner of the disputed plot, which was purchased by him by registered sale-deed on 28.12.1998 from Bhera, who was in possession over the plot for generations. It was indicated that the defendants gave a notice dated 02.01.2002 to the plaintiff alleging that he has trespassed over the land and, therefore, he must remove his possession over the plot in question. Reply to the notice was filed on 16.01.2002. However, during Trespass Removal Drive, he has been threatened that his possession shall be disturbed.

(3.) Based on the said submissions, the suit seeking permanent injunction was filed.