Punjab-Haryana High Court
Municipal Committee Dera Baba Nanak Th ... vs Amrik Kaur on 13 March, 2015
Author: Inderjit Singh
Bench: Inderjit Singh
103
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CM No.12715-C of 2014 in/and
RSA No.5366 of 2014 (O&M)
Date of Decision: March 13, 2015
Municipal Committee, Dera Baba Nanak, though its Executive Officer
...Appellant
Versus
Amrik Kaur
...Respondent
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.Alok Kumar Jain, Advocate
for the appellant.
****
INDERJIT SINGH, J.
CM No.12715-C of 2014 For the reasons mentioned in the application, the same is allowed. The delay of 69 days in filing the appeal is condoned. RSA No.5366 of 2014
Appellant Municipal Committee, Dera Baba Nanak through its Executive Officer has filed this regular second appeal against Amrik Kaur respondent challenging the judgment and decree dated 18.04.2012 passed by learned Civil Judge (Junior Division), Batala vide which the suit filed by the respondent-plaintiff was decreed and judgment and decree dated 24.04.2014 passed by learned Addl. District Judge, Gurdaspur, vide which appeal filed by the appellant was dismissed.
VINEET GULATI
The brief facts of the case are that Amrik Kaur respondent- 2015.04.20 14:59 I attest to the accuracy and authenticity of this document Chandigarh RSA No.5366 of 2014 -2- plaintiff filed a suit for permanent injunction restraining the appellant- defendant from demolishing 17 shops of plaintiff and further restraining them from interfering in any manner in the construction of Ist Floor Building as fully described in the head note of the plaint. The case of the plaintiff is that she is owner in possession of the land in dispute and she constructed 17 shops over the land bearing khasra No.379/1 and this land is outside the municipal limits of Municipal Committee Dera Baba Nanak. The boundary of Municipal Committee is upto the point 'X' and the octroi post was installed at point 'X' since 1885. The defendant/Municipal committee never objected to the construction of shops. The shops after completion have been rented out to Lakhwinder Singh, Sarwan Singh, Balwinder Singh etc. and some shops are vacant. The defendant has no right, title or interest in the shops as these shops fall outside the municipal limits.
On the other hand, the case of the defendant is that suit of the plaintiff is pre-mature and is liable to be dismissed. It has been admitted by the plaintiff that the shop in question is constructed on khasra No.379/1. However, it is denied that khasra No.379/I is outside the jurisdiction of Municipal Committee. It is further submitted that Municipal Committee had only shifted the octroi post within its limits as per the limits of the Committee shown in the notification year 1885.
The plaintiff examined herself as PW-1 and tendered into evidence certain documents. On the other hand, defendant did not lead any evidence and evidence of the defendant was closed by Court VINEET GULATI 2015.04.20 14:59 I attest to the accuracy and authenticity of this document Chandigarh RSA No.5366 of 2014 -3- order.
I have gone through the record and have heard learned counsel for the appellant.
At the time of arguments, learned counsel for the appellant failed to show as to what substantial question of law arises in the present case. The appellant-defendant has not led any evidence before the lower Court and the evidence of the plaintiff-respondent Amrik Kaur remained unrebutted on the file. The findings of both the Courts below are concurrent and there is nothing on the record to show that the impugned judgments and decrees require any interference from this Court.
As already discussed, defendant has not led any cogent evidence on record to show that the shops in dispute are within its municipal limits. The ownership of the property of Amrik Kaur has been admitted in the written statement.
From the above discussion, I find that both the Courts below have correctly decided the case in favour of the respondent- plaintiff Amrik Kaur. No evidence has been led by the defendant- appellant to rebut the evidence of the plaintiff-respondent.
Therefore, finding no merit in the present regular second appeal, the same is dismissed. However, it is made clear that the finding for the purpose of municipal limits of the Municipal Committee, Dera Baba Nanak be considered only for the purpose of this case.
March 13, 2015 (INDERJIT SINGH)
Vgulati JUDGE
VINEET GULATI
2015.04.20 14:59
I attest to the accuracy and
authenticity of this document
Chandigarh