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2016 Supreme(P&H) 2980

SURINDER GUPTA
Inder Singh (Deceased) Through Lrs – Appellant
Versus
Bhiwani Municipality, Bhiwani – Respondent


JUDGMENT :

SURINDER GUPTA, J.

1. This judgment will dispose of two appeals captioned above as the same arise from a common judgment passed by Additional District Judge, Bhiwani.

Brief Facts:-

2. Inder Singh and other sons of Anji Singh filed suit seeking the relief of permanent injunction to restrain the defendant Municipal Committee (now Municipal Council), Bhiwani from interfering in the ownership and possession of the plaintiffs over the land ABCDE shown with red colour in the site plan (Ex.PW5) and from dispossessing them from this property.

3. The plaintiffs averred that they are resident of Thola Aashian and have constructed their house and shop over the shamlat land which came to their share. Boundary wall around the property marked with ABCDE in the site plan (Ex.PW5) was raised 40-50 years back and the plaintiffs after constructing the shop and house started living here. Earlier, father of plaintiffs was in possession of the property and after his death, plaintiffs are in possession of the same. Municipal Committee, Bhiwani had been recovering house tax and water tax of the disputed property from the plaintiffs.

4. About this shamlat land, a suit was filed by Bishambar Dayal aga













































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