THE MUNICIPAL COUNCIL, PALI Vs. RAM CHANDRA

JUDGEMENT

(1.) This appeal is directed against judgment and decree dated 16.02.2012 passed by Additional Civil Judge (Senior Division), Pali, whereby, the suit filed by the respondent for mandatory injunction has been decreed and judgment and decree dated 09.08.2017 passed by the District Judge, Pali, whereby, the appeal filed by the appellant has been dismissed, respectively.

(2.) The suit was filed by the respondent inter alia with the submissions that he was in possession of a plot of land at Tilak Nagar, Pali for over 40 years, however, the respondent threatened to demolish the plaintiff's construction and, therefore, filed suit No. 234/1995 for permanent injunction, which suit was decreed on 27.07.1999 and by permanent injunction the defendant was restrained from taking any action without following due process of law. Pursuant thereto a notice under Section 203 of the Rajasthan Municipalities Act, 1959 ('the Act'), was issued to which it is claimed that reply was filed. However, without providing reasonable opportunity, by order dated 07.11.2008 again order was passed, for which the suit seeking mandatory injunction was filed. The suit was contested by the appellant by filing written statement and indicating that due process was followed and the order dated 07.11.2008 did not call for any interference.

(3.) The trial court framed five issues and after evidence was led by the plaintiff and the appellant did not lead any evidence, the trial court recorded following finding in the suit: And based on its finding, passed the following decree: