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1998 Supreme(HP) 10

KAMLESH SHARMA
ASHIMA NARULA – Appellant
Versus
THE MUNICIPAL CORPORATION, THROUGH ITS COMMISSIONER, SHIMLA – Respondent


Advocates Appeared:
Shri Bhupender Gupta, Advocate for the Appellants; Shri K. L Ball Advocate for the Respondent.

JUDGMENT

KAMLESH SHARMA, J.—This appeal is directed against the decree and judgment dated 27.10.1990 passed by the District Judge, Shimla, whereby the appeal of the original appellant-plaintiff Sunder Lal Narula was dismissed and the decree and judgment dated 28.11.1988 of Sub Judge (IV) Shimla, was confirmed. The Sub Judge had dismissed the suit of Sunder Lal Narula which he had filed for permanent, perpetual and prohibitory injunction for restraining the respondent- defendant Corporation from demolishing the stall or in any manner interfering with his possession thereof situate opposite the Rivoli Theatre, Shimla. Sunder Lal Narula has died during the pendency of the present appeal and his legal representatives have been brought on record.

2. The. brief facts of the case are that late Sunder Lal Narula claimed that a piece of land situate opposite Rivoli Theatre, Shimla was allotted to him by the respondent-Municipal Corporation and information in this regard was sent by the Tehsildar, Municipal Corporation, Shimla, vide his letter No. 2/6475/Secy/ 81 dated 1.1.1982, Ex. P.W-1/A, pursuant to which he had deposited an amount of Rs. 600/- as lease money for the period 1,1.1982 to 31















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