NAGAR PALIKA JIND Vs. JAGAT SINGH ADVOCATE

JUDGEMENT

(1.) The Municipal Committee, Jind, has filed this appeal for setting aside the judgment of the Additional District Judge (hereinafter referred to as 'the Court of Appeal') decreeing the suit filed on behalf of the respondent, which had been dismissed by the Trial Court. The Second Appeal filed on behalf of the appellant, before the High Court was dismissed in limine. Thereafter, Special Leave Petition (Civil) No. 562 of 1987 was filed before this Court, which was permitted to be withdrawn to enable the appellant to file a Review Petition before the High Court. That Review Petition was dismissed by the High Court saying that no ground for review had been made out.

(2.) The respondent filed the suit in question for injunction restraining the appellant from interfering with the possession of respondent over 5 kanals of land, comprised in Khewat No. 134, Khatoni No. 155, rectangle No. 173, Killa No. 27/1. The respondent claimed to be the owner of the said land and asserted that he was in possession thereof.

(3.) The claim of the respondent was resisted on behalf of Municipal Committee saying that the said respondent was neither the owner of the land in question nor he was in possession thereof. It was asserted that the land being "gair-mumkin johar", in which the Municipal Committee had already constructed a park, there was no question of the respondent acquiring any right, title and interest in the same. According to the appellant, the said respondent had made some unauthorised encroachment over the same because of which a statutory notice was given to him, which was challenged by the said respondent in the suit in question.