NAGARPALIKA PARISHAD Vs. MOHAN SINGH SISODIYA

JUDGEMENT

(1.) THIS appeal has been preferred by the defendant against a decree for injunction as well as removal of construction granted by the courts below, in concurrent manner.

(2.) FACTS relevant for the purpose of the present appeal are that the plaintiff/respondent instituted a suit for perpetual injunction with allegations that he had purchased 2870 sq. ft. of land out of 14 biswa comprised in Survey No. 115 Min II, situated at Village Shivpuri vide registered sale-deed dated 14/5/96 from one Darpan Kumar Agrawal through power of attorney Smt. Sumati Agrawal. Adjacent to it, there situates Survey No. 114 which belongs to the Municipal Council, Shivpuri. Demarcation of the said land was being made by the defendants/appellants. On being asked, they informed the plaintiff that the demarcation was being made for construction of a park on Municipal land. Plaintiff opposed the processing of demarcation on the ground that the disputed piece of land belonged to him. Defendants/appellants threatened him that they will make construction for the municipal Council on the said land. Accordingly, plaintiff was compelled to sue for permanent injunction to restrain defendants/appellants from making any construction on the area 2870 sq. ft. comprised in Survey No. 115 Min II.

(3.) DEFENDANTS/appellants submitted their written statement denying thereby claim of the plaintiff. They, inter alia, stated that the plaintiff after making purchase in his favour had sold out 930 sq. ft. of land to Shri Shantilal Jain and 480 sq. ft. of land to Smt. Mithilesh Jain. Accordingly, it was stated in the written statement that the plaintiff ceased to be the owner of the entire land in area 2870 sq. ft. and the suit is therefore liable to dismissal. Moreover, the municipal park was being constructed on Survey No. 114 which was Govt. land. This apart, it was pleaded that the suit of the plaintiff is not maintainable for want of notice under Section 319 of the M. P. Municipalities Act, 1961.