- (1.) Defendants No.1 and 2 Municipal Corporation, Ludhiana (in short, 'Corporation') and its Commissioner have filed this second appeal. Suit was filed by respondent No.1-plaintiff Manohar Singh against appellants/defendants No.1 and 2 and against respondent No.2 Zonal Superintendent of the Corporation as defendant No.3. The plaintiff claimed to be owner in possession of the triangular plot in dispute adjoining his flat No.25. The plaintiff claimed to have purchased it from Ludhiana Improvement Trust (in short, 'the Trust') for Rs. 7420/- vide sale deed dated 30.05.1988. The plaintiff also raised some structures in the suit plot. He is owner in possession thereof since then. The defendants threatened to dispossess the plaintiff from the said plot and to demolish his construction therein. Plaintiff sought permanent injunction restraining the defendants from doing so.
(2.) Defendants resisted the suit and pleaded that the plaintiff intended to encroach upon the suit plot which is part of 5.53 acres development scheme framed by the Trust. The said area stands now transferred to the Corporation for all purposes. Encroachment on the suit property, which is a park, cannot be allowed. Various other pleas were also raised.
(3.) Learned trial court dismissed the plaintiff's suit. However, first appeal preferred by the plaintiff has been allowed by lower appellate court and thereby suit filed by the plaintiff stands decreed for permanent injunction restraining the defendant-Corporation from dispossessing the plaintiff from the suit property and from demolishing or removing the construction therein. Feeling aggrieved, defendants No.1 and 2 have filed this second appeal.;