Decided on June 30,2017

Chief Officer, Nagar Parishad, Morshi Appellant
Laxminarayan S/O Jainarayakn Jaiswal Respondents


A.S.CHANDURKAR,J. - (1.) This appeal filed under Section 100 of the Code of Civil Procedure, 1908 takes exception to the judgment dated 2032003 in Regular Civil Appeal No.215/1999 thereby partly modifying the decree passed by the trial Court in Regular Civil Suit No.122/1996 and directing the appellants herein to pay to the respondent a sum of Rs.70,000/ with 6% interest thereon.
(2.) The respondent is the original plaintiff who claims to have purchased the plot no.71 within the limits of Gram Panchayat Drugwada on 16121985. The plaintiff also claims to have purchased plot no.72. These plots were beyond the limits of appellant ? Municipal Council. On account of extension of the territorial limits of the Municipal Council, these plots came within its jurisdiction. The Municipal Council issued a notice to the plaintiff on 161995 in which it was informed that these plots were reserved for a Primary School and as the plaintiff had put barbed wire fencing without permission of the Municipal Council, the same should be removed. Prior to receipt of this notice, the Municipal Council illegally removed the fencing. Hence, after issuing notice under provisions of Section 304 of the Maharashtra Municipal Council Nagar Panchayats and Industrial Township Act, 1965 (for short, the said Act), the plaintiff filed suit for recovery of Rs.70,000/ being the loss caused by the Municipal Council on account of its illegal action.
(3.) In the written statement filed by the defendant, it was pleaded that the Plot Nos.71 & 72 vested with the Municipal Council and were reserved for public use. It was denied that the Municipal Council committed any illegal act of removing the fencing. Reference was made to a notice dated 2651995 calling upon the plaintiff to remove the fencing within three days and as the same was not done, the Municipal Council had taken action. It was further pleaded that the suit as filed was not within limitation as prescribed by the said Act.;

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