IMPORTANT POINT
.

AMIT RAWAL, J.

1. This judgment of mine shall dispose of one regular second appeal bearing No.4260 of 2008 and another COCP bearing No.2487 of 2016 filed for alleged violation of status quo order dated 09.03.2009. Since the contempt petition has arisen from the interim order passed in the aforementioned regular second appeal, the facts are being taken from the regular second appeal.

2. The plaintiff-Sawan Singh instituted the suit claiming possession of land measuring 2 marlas by removal of all the super-structures built by defendant No.1 comprised in Khewat/Khatauni No.536/620 bearing Khasra No.28//37/1 as per jamabandi for the year 1990-91 bounded by North property of Madan Lal, South road, East Road and West property of the plaintiff situated at Kotla Road, near Police Station, Sadhaura, District Yamuna Nagar and for recovery of Rs.1775/- as compensation for illegal use and occupation on the premise that the plaintiff had purchased property from Kewal Ram s/o Mukandi Lal and Rameshwar Das son of Shiv Parshad vide sale deed dated 20.12.1979. The defendant No.1, erstwhile Municipal Committee, Sadhaura had taken the suit land on licence from its previous owners more than 70 years ago for setting up an octroi post with the condition that it will be exclusively used for the purpose of octroi post and when the octroi post would be shifted, the suit land would be returned back to its owners. In the month of January, 1993, the erstwhile Municipal Committee in utter violation of the terms and conditions of the licence started constructing three shops on the suit land despite being objected to it, which necessitated the plaintiff to terminate the licence by moving application on 15.12.1992. After construction of the shops on the suit land, the erstwhile Municipal Committee leased out the shops to defendant No.2 to 4 and started recovering Rs.1775/- as lease money. Statutory notice was also served upon the defendants asking them to vacate the land and also pay Rs.1775/- per month as compensation for illegal use and occupation of the suit land. The suit aforementioned was filed on 29.03.1996.

3. Upon notice, defendant No.1 appeared and filed the written statement denying the ownership of the plaintiff, much less, the possession but averred that the same was owned and possessed by defendant No.1, Municipal Committee, Sadhaura. When the shops in question were constructed, the plaintiff did not raise objection and it was in the domain of the Municipal Committee, being owner, to lease out the property in the manner and mode it wanted. Defendant No.2 to 4 did not file written statement as defendant No.3 was proceeded ex parte on 17.5.1996 and defendant No.2 and 4 were proceeded ex parte on 23.04.1997.

4. Replication was filed by plaintiff in which he controverted the averments made in the written statement.

5. Since the parties were at variance, the trial Court framed the following issues:-

“1. Whether the plaintiff is owner of the suit land? OPP

2. Whether the defendant No.1 was licensee in respect of the suit land and whether his licence has been revoked?

3. Whether the plaintiff is entitled to the compensation on account of illegal use and occupation of the suit land by defendants? OPP

4. Whether the suit is not maintainable in the present form? OPD

5. Relief.”

5. In order to prove his case, the plaintiff examined and exhibited the following witnesses/documents and closed the evidence:-

PW1 Panch Ram

PW2 Sumer Chand, Record Keeper.

PW3 Mansha Ram

PW4 Raj Kishan, Record Keeper

PW5 Nanu Singh

PW6 Sawan Singh, plaintiff.

Exhibited documents.

Ex.P1 Original sale deed dated 20.12.1979.

Ex.P2 Certified copy of demarcation report.

Ex.P3 Certified copy of map.

Ex.P4 Certified copy of presence sheet.

Ex.P5 Copy of application dated 15.12.1992.

Ex.P6 A.D.

Ex.P7 Copy of notice dated 20.1.1996.

Ex.P8 to P11 Postal receipts.

Ex.P12 to P14 Undelivered registered letters.

Ex.P15 A.D.

Ex.P16 Reply to notice.

Ex.P17 Aksh-sajra

Ex.P18 Copy of jamabandi for the year 1990-91

Ex.