PRAMOD KUMAR SHARMA Vs. MUNICIPAL BOARD, ABU ROAD

JUDGEMENT

(1.) The instant first appeal under Sec. 96 of CPC has been preferred on behalf of the appellant-plaintiff challenging the judgment and decree dtd. 30/8/2019 passed by the learned Additional District Judge No.2, Abu Road, District Sirohi in Civil Original Suit No.04/2014 whereby the suit for declaration of title and permanent injunction filed on behalf of the appellant-plaintiff was dismissed.

(2.) The facts leading to the present appeal are that the appellant-plaintiff purchased a parcel of land situated at Plot No. 4, Ganesh Palai, Abu Road, from one Smt. Shakuntala Devi through a registered sale deed dtd. 23/3/1992. After purchasing the said plot, the appellant-plaintiff submitted an application before the respondent-department seeking mutation of the land in his name in the revenue records and a patta for plot measuring 55x39 sq ft has been issued in his name. Thereafter, the appellant applied for permission to raise construction over the said plot. The respondent-department, upon verifying the appellant 's ownership on the basis of the registered sale deed dtd. 23/3/1992, approved the building map for measurements 55x58.6 sq ft and handed it over to the appellant on 6/5/1995. The appellant also obtained an electricity connection without any objection from the respondent-department. However, owing to financial constraints, the appellant could not commence construction on the plot at the relevant point of time.

(3.) In the year 2008, when the appellant attempted to construct a boundary wall, the respondent-department obstructed the construction and stopped the appellant from raising any structure on the said land. On the contrary, the respondent-department, with the assistance of members of the Municipal Board, constructed a platform on the plot and put an idol of a Hindu deity upon it. In these circumstances, the appellant filed a suit before the learned court below seeking declaration of his title over the disputed plot and a decree of permanent injunction restraining the respondent-department from raising any construction on the land and from interfering with the appellant 's right to construct in accordance with the approved map.