VIJAY SINGH AND ORS. Vs. FARIDABAD MUNICIPAL CORPORATION AND ORS.
LAWS(P&H)-2016-1-114
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 08,2016

Vijay Singh And Ors. Appellant
VERSUS
Faridabad Municipal Corporation And Ors. Respondents

JUDGEMENT

Raj Mohan Singh, J. - (1.) Plaintiffs are in regular second appeal against the concurrent findings of the Courts below in a suit for declaration and consequential relief of permanent injunction.
(2.) Plaintiffs filed a suit on the ground that the suit land has not been vested in favour of defendants and the mutation No. 1082 in respect of change of ownership in favour of M.C.F. (previously known as F.C.A.) i.e. defendant No. 1 is incorrect. Entries in the revenue record in favour of M.C.F. or in favour of defendants as owner in possession are illegal and not binding upon the rights of the plaintiffs as the plaintiffs claim themselves to be owner in possession of the suit land bearing khasra No. 117 or changed khasra No. 117/1/1, total area 11 kanals 8 marlas situated in revenue estate of village Baselwa Tehsil and District Faridabad.
(3.) Plaintiffs sought the relief that defendants No. 2 and 3 have no right in respect of suit land including old Mandir, which had not been acquired under the Land Acquisition Act and the notification for acquisition of suit land including Mandir had been de -notified by the Government in the notification dated 4.4.1985 in terms of Sec. 48 of the Land Acquisition Act. Plaintiff further sought a decree for mandatory injunction directing the defendants No. 2 and 3 to return the vacant possession of the suit land to the plaintiffs, which remained un -acquired i.e. 11 kanals 5 marlas comprising in khasra No. 117/1/1 with cost of construction of the house and shops etc.;


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