SANWAR LAL Vs. CHAIRMAN, MUNICIPALITY, BIDASAR & ORS.

JUDGEMENT

(1.) This second appeal is arising out of the judgment and decree dated 10.03.2014 passed by the learned Additional District Judge, Sujangarh, District Churu in Appeal No. 05/2013 "Sanwar Lal Vs. Chairman, Municipality, Bidasar & Ors. " who dismissed the appeal filed by the appellant-plaintiff and affirmed the judgment and decree dated 04.03.2013 passed by the learned Civil Judge (Junior Division), Sujangarh (Churu) in Civil Original Suit No.86/2011 "Sanwar Lal Vs. Chairman, Municipality, Bidasar & Ors. " by which, he partly allowed the suit filed by the plaintiff-Sanwar Lal seeking injunction in relation to the land in dispute against the Municipality, Bidasar.

(2.) The present second appeal has been filed by the appellant, who was the plaintiff before the learned Trial Court, against the concurrent rejection of their claim against the defendants in relation to the property in question.

(3.) The learned counsel Mr. N.K. Rastogi for the appellant-plaintiff submitted that his claim of injunction in relation to the suit shop has been rejected by both the Courts below. The learned counsel further submitted that the appellant-plaintiff is in possession of the suit shop measuring 13= x 13 ft. since 1986 and running his business but the learned Courts below found that the plaintiff is in possession over the land in dispute as an encroachee. Today, the learned counsel Mr. N.K. Rastogi submitted that the appellant-plaintiff is ready and willing to purchase the land in dispute from the Municipal Board, Bidasar, Tehsil Sujangarh, District Churu at the prevalent DLC rates. The learned counsel relied upon a decision of the Honourable Supreme Court in the case of Birbal Vs. Haryana State & Ors. 2014 AIR SCW 5057 in which, the Supreme Court held as under:-