K.RAMASWAMY, G.B.PATTANAIK
Municipal Committee, Sirhind – Appellant
Versus
Parshotam Dass – Respondent
JUDGMENT
G.B. Pattanaik, J.-Leave granted.
2. This appeal by way of special leave is directed against the judgment of Punjab and Haryana High Court in Regular Second Appeal No. 1187 of 1989 arising out of a suit against the defandant- Municipal Committee for a declaration that the land entered is Khewat No. 391 measuring 321 Kanals 14 Marlas and in Khewat No. 392 measuring 1197 Kanals 5 Marlas in village Brahman Majra, Tehsil Sirhind as fully described in para A and B of the plaint are the properties of the plaintiffs and they are khewatdars and defendant should be permanently injuncted from dispossessing the plaintiffs.
3. The plaintiffs case in nutshell is that they are khewatdars of village Brahman Majra and they filed the suit in representative capacity under Order 1 Rule 8 C.P.C. It was alleged that Khasra No. 391 and 392 measuring 321 Kanals 14 Marlas in Khewat No. 392 measuring 1197 Kanals 5 Marlas respectively are Shamlat deh and it was under Nagar Panchayat. By a Notification dated 18.9.1968 the Municipal Limits of Sirhind Municipality was extended covering a part of Gram Sabha area of Nagar Panchayat and the disputed area came under the Municipal Limits. It is further
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