NAGARPALIKA Vs. SUNDER LAL

JUDGEMENT

(1.) Heard learned Counsel for the appellant.

(2.) The appellant/defendant is aggrieved against the judgment and decree dt. 01.03.2005 by which the First Appellate Court allowed the appeal of the plaintiff/respondent and held that the appellant has no right to evict the respondent.

(3.) Brief facts of the case are that the land in question is a small piece of land measuring 15 X 15 feet. For this according to the plaintiff, the Gram Panchayat, Sanwar issued patta on 28.11.1971 in favour of the plaintiff after taking cost of the land. The appellant Municipal Board, Fatehnagar issued a public notice for sale of several plots including plot in dispute in the year 1986 upon which, the plaintiff filed the suit for injunction claiming that he is owner of the plot, therefore, the appellant cannot auction the plot.