Vineet Kothari, J. - (1.) This second appeal is arising out of the judgment and decree dated 10.03.2014 passed by the learned Additional District Judge, Sujangarh, District Churu in Appeal No. 05/2013 "Sanwar Lal v. Chairman, Municipality, Bidasar & Ors. " who dismissed the appeal filed by the appellant-plaintiff and affirmed the judgment and decree dated 04.03.2013 passed by the learned Civil Judge (Junior Division), Sujangarh (Churu) in Civil Original Suit No.86/2011 "Sanwar Lal v. Chairman, Municipality, Bidasar & Ors. " by which, he partly allowed the suit filed by the plaintiff-Sanwar Lal seeking injunction in relation to the land in dispute against the Municipality, Bidasar.
(2.) The present second appeal has been filed by the appellant, who was the plaintiff before the learned Trial Court, against the concurrent rejection of their claim against the defendants in relation to the property in question.
(3.) The learned counsel Mr. N.K. Rastogi for the appellant-plaintiff submitted that his claim of injunction in relation to the suit shop has been rejected by both the Courts below. The learned counsel further submitted that the appellant-plaintiff is in possession of the suit shop measuring 13= x 13 ft. since 1986 and running his business but the learned Courts below found that the plaintiff is in possession over the land in dispute as an encroachee. Today, the learned counsel Mr. N.K. Rastogi submitted that the appellant-plaintiff is ready and willing to purchase the land in dispute from the Municipal Board, Bidasar, Tehsil Sujangarh, District Churu at the prevalent DLC rates. The learned counsel relied upon a decision of the Hon'ble Supreme Court in the case of Birbal v. Haryana State & Ors. 2014 AIR SCW 5057 in which, the Supreme Court held as under:- "7. We heard the counsel appearing on both sides and perused the records. Admittedly, the appellant in possession of the suit land for a long time as held by the courts below. The Collector has favourably considered the representation and assessed the market value of the suit land at a sum of Rs.3,94,108/- Due to poor financial condition the appellant has sought for permission to pay the sale price in six instalments. 8. We are of the considered view that it is a fit case for exercise of our power under Article 142 of the Constitution of India for doing complete justice between the parties in the matter and we do so by disposing of the appeal in the following manner. The appellant shall deposit the sale price of a sum of Rs.3,94,108/- with Respondent No. 1 in six instalments. The first instalment of Rs.94,108/-shall be deposited on or before 30.4.2014. The balance amount of Rs.3 lacs shall be deposited in five instalments of Rs. 60,000/- each at an interval of two months so as to complete the entire process by the end of February 2015. Upon such deposit the suit shall stand decreed in his favour, in case of default in payment of the instalments appeal shall stand dismissed without further reference to this Court.";