KANHAIYA LAL Vs. URBAN IMPROVEMENT TRUST

JUDGEMENT

(1.) This is plaintiff's second appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 1/2/2007 passed by Additional District Judge No. 3, Kota in Civil Appeal No. 13/2006 whereby he partly allowed the appeal and while setting aside the judgment and decree of permanent injunction passed by the trial court, directed to the defendant not to take any action in regard to the disputed land without due process of law.

(2.) Brief facts of the case are that plaintiff filed a suit against the defendant for permanent injunction stating therein that he had purchased a plot measuring 25x40 sq. ft. situated at Chattarpura, Kota from one Bhanwar Lal son of Mishri Lal through a registered sale deed in 1984. It was further the case of the plaintiff that he applied before the Urban Improvement Trust on 25/4/1984 for permission of raising construction but the UIT did not accord permission despite of the notice given by the plaintiff on 12/2/1985 and instead of giving the required permission the UIT chose to demolish two 'tapries' which were already there. According to the plaintiff, the area where the disputed plot is situated has been transferred to the Municipal Council, Kota who accorded permission on 19/11/1987 to the plaintiff for raising construction over the said plot but thereafter also the respondent UIT demolished the boundary wall and the foundation wall of two rooms in the said plot and started raising wall from east to west which is opposite to the disputed plot which will create hurdle for easy access to the plot premises in question.

(3.) The defendant UIT filed the written statement denying the claim of the plaintiff. It was also the case of the defendant that plaintiff had no title over the plot in question and Municipal Council, Kota has no right whatsoever to give any permission to the plaintiff for raising construction.