LADU RAM Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) This civil first appeal has been filed by the appellant-plaintiff (for short 'the plaintiff') against the judgment and decree dtd. 3/11/1997 passed by the Additional District and Sessions Judge No.1, Jaipur City, Jaipur (for short 'the trial Court') in Civil Suit No.321/95, whereby the trial Court dismissed the plaintiff's suit. Brief facts of the case are that plaintiff filed a civil suit for declaration and permanent injunction against the respondents- defendants (for short 'the defendants) wherein it was stated that Plot No. B-43 situated at Bassi Sitarampura, Nehru Nagar, Jaipur was allotted to plaintiff on 28/9/1961 by the then Urban Improvement Trust and possession whereof was also handed-over to him. Site-plan was also approved on 31/3/1970. The plaintiff got constructed a Kacchha wall around the plot and also constructed a hut thereon, which on account of heavy rain fell down. In 1982, the Urban Improvement Trust was merged with Jaipur Development Authority. The Basti Sitarampura in which the plot in question was situated was handed-over to the Municipal Corporation. The Officers of Municipal Corporation, Jaipur wanted to dispossess the plaintiff from the said plot. It was submitted that plaintiff had possession over the said plot since 1961, so he became owner of the said plot on account of adverse possession. Plaintiff also sought permission to file the suit without giving two months notice under Sec. 80(2) CPC.

(2.) Defendant No.1 filed written statement and denied the averments made in the plaint and also stated that the present suit relates to declaration, so, notice under Sec. 271 of Rajasthan Municipalities Act was required to be given. In absence of the notice, the present suit was not maintainable. It was also stated that plaintiff prepared the forged documents. So, the criminal proceedings are also pending against him.

(3.) On the basis of pleadings of the parties, the trial Court framed the following issues:-