MUNICIPAL COUNCIL Vs. GHANSHYAM SINGH

JUDGEMENT

(1.) Appellant, Municipal Council Bhilwara, has laid this second appeal under section 100 Code of Civil Procedure to assail impugned judgment and decree dated 30th of Aug. 2016 passed by Addl. District Judge No. 2, Bhilwara (for short, 'learned first appellate Court') affirming judgment and decree dated 15th of Oct., 2012 passed by Addl. Civil Judge (Junior Division) No. 1, Bhilwara (for short, 'learned trial Court').

(2.) The facts, apposite for the purpose of this appeal, are that respondent-plaintiff filed a suit for perpetual injunction against appellant before learned trial Court on the ground that he jointly purchased with his brother a plot measuring 40 X 70 ft. situated in Subhash Nagar area from his predecessor-in-title Devi Lal S/o Pokhar Lal, and, accordingly, a sale-deed was executed on 11th of Aug. 1995 in their names. Subsequent to the purchase, the plot was divided into two parts and half of its share remained with the respondent. The plaint further unfurls that respondent-plaintiff on his portion raised construction in the year 2002. The cause of grievance as ventilated in the suit refer to alleged coercive action by Municipal Council to evict him from the land in question and further creating hurdles in raising further construction. With these pleadings, the respondent-plaintiff has prayed for grant of perpetual injunction to restrain the Municipal Council from creating any hindrance in his construction activities and peaceful enjoyment of the property.

(3.) The suit was contested by appellant Municipal Council. In the written statement, appellant refuted all the averments made in plaint. The appellant also raised serious objections about right, title and interest of the respondent over land in question so also title of his predecessor-in-title. A specific objection was raised in the written statement that the land in question is a Govt. property and the respondent-plaintiff prepared fake documents to grab the same. Coercive action taken by appellant, Municipal Council against respondent-plaintiff is also highlighted in the written statement.