G.R. Majithia, J. - (1.) This regular second appeal is directed against the judgment and decree of the first appellate Court reversing on appeal those of the trial Court and dismissing the suit of the plaintiffs for grant of permanent injunction against the defendant from demolishing the Chabutra in dispute.
(2.) The Facts : The appellants (hereinafter referred to as the plaintiffs) received a notice vide Memo No. 254 dated April 4, 1972 from the Municipal Committee, Thanesar, respondent (hereinafter referred as the defendant) to the effect that they had made encroachment on the municipal land and they should appear in the office and explain that they had not so done. It was followed by another notice dated July 24, 1972 intimating the plaintiffs that the plan was wrongly sanctioned and the Thara should be removed within three days of the receipt of the notice. The legality and validity of these notices was challenged by the plaintiffs in the civil suit, particularly on the ground that the defendant had no right to interfere in the possession of the plaintiffs over the Thara and that the same was owned by them. The defendant controverted the allegations made in the plaint.
(3.) From the pleadings of the parties, the following issues were framed : (1) Whether the plaintiffs are the owners in possession of the site in dispute ? OPP (2) Whether the notices in question arc illegal, ultra vires and invalid on account of the grounds stated in the plaint ? (3) Relief.;