KAMLA DEVI Vs. MUNICIPAL COUNCIL, BEAWAR

JUDGEMENT

(1.) This civil second appeal has been preferred against the judgment and decree dtd. 16/7/2019 passed by the learned Additional District Judge No.1, Beawar, District Ajmer (for brevity, "the learned Appellate Court") in Civil Appeal No.1/2010 (CIS No.23/2014) whereby, while dismissing the appeal, the judgment and decree dtd. 26/11/2009 passed by the learned Civil Judge (Senior Division) No.1, Beawar (for brevity, "the learned trial Court") dismissing the Civil Suit No.139/2002 (256/82) filed by the appellant-plaintiff (for brevity, "the plaintiff") for permanent injunction, have been upheld.

(2.) The relevant facts in brief are that the plaintiff filed a suit for permanent injunction against the respondents stating therein that she is in occupation of a wooden cabin lying on the Chabutri (platform) in front of her residential house situated in Diggi Mohalla, Nagar Parishad Marg, Beawar, District Ajmer as tenant from which she was carrying on business for last three years. Alleging that the defendants wanted to forcibly dispossess her from the wooden cabin, the decree as aforesaid prayed for.

(3.) The defendant No.4 in his written statement submitted that the plaintiff has constructed the wooden cabin on municipal land illegally for which she has been issued notice by the Municipal Council. On the basis of pleading of the respective parties, the learned trial Court framed 7 Issues. After recording evidence of the respective parties, the learned trial Court dismissed the suit vide its judgment and decree dtd. 26/11/2009 and civil first appeal preferred thereagainst by the plaintiff has also been dismissed by the learned Appellate Court vide judgment and decree dtd. 16/7/2019. Assailing the impugned judgment and decree, learned counsel for the plaintiff, referring to the provision of Sec. 203 of the Rajasthan Municipalities Act, 1959 (for brevity, "the Act of 1959"), would submit that it does not apply where steps are constructed over the drain in any public street. He submits that since the plaintiff has constructed steps to reach the wooden cabin, the impugned judgment and decree are liable to be quashed and set aside. He, therefore, prays that the civil second appeal be allowed, the judgment and decree dtd. 16/7/2019 be quashed and set aside and the civil suit filed by her be allowed. Heard. Considered.