The central legal point established in the judgment is the determination of the applicability of the Municipal Act to the property dispute and the liability under the Negotiable Instruments Act.

PARAMJEET SINGH DHALIWAL, J.

CM-2318-C-2012

1. Allowed as prayed for.

CM-2319-C-2012

1. Allowed, as prayed for. For the reasons mentioned in the application, delay of 223 days in re-filing the instant appeal is condoned.

RSA No. 862-2012 (O and M)

1. This regular second appeal of the defendant is directed against the judgment and decree dated 30.04.2009 passed by learned Additional Civil Judge (Sr. Divn), Jalandhar whereby suit for declaration and permanent injunction filed by the respondent-plaintiff has been decreed and against the judgment and decree dated 20.01.2011 passed by learned Additional District Judge, Jalandhar whereby appeal filed by the appellant-defendant has been dismissed.

2. For convenience sake, hereinafter, reference to parties is being made as per their status in the plaint.

3. The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that the plaintiff filed a suit for declaration to the effect that the order dated 18.01.2001, report of S.O. dated 19.12.2000, approved by the Executive Officer of buildings for not getting the plan sanctioned in respect of the property situated at Ramgarh Road, Kartarpur, comprised in khasra Nos.1004, 1009, 1010 and 1008, measuring 9 kanals 16 marlas, as detailed in the head-note of the plaint, owned by the plaintiff and all the proceedings conducted by the Municipal Council in ordering composition fee, are illegal, unlawful, arbitrary and not binding on the right of the plaintiff and the defendant is not entitled to recover the same as the property does not fall within the municipal limits and the defendant is liable to return the cheque No.080878 drawn on the Jalandhar Central Cooperative Bank Ltd., Kartarpur, obtained from the plaintiff by fraud, coercion, misrepresentation and also suit for permanent injunction restraining the defendant, its employees and representatives from recovering the above said amount from the plaintiff. It was the case of the plaintiff that she is owner in possession of the property measuring 9 kanals 16 marlas, situated at Ramgarh Road, Kartarpur, bearing khasra numbers mentioned above. She purchased this property from Shri Kartar Singh son of Ram Singh, vide registered sale deed dated 16.03.1994. After purchase of the property, she constructed a banquet hall/kitty hall over some part of the land and remaining part of the land is vacant. Since the property purchased by the plaintiff does not fall within the municipal limits of Kartarpur, the building plans were not got approved from the defendant. After purchase, some construction was raised in the year 1994 and some portion was again constructed in the year 2000. The defendant threatened to demolish the construction alleging that the construction was raised without sanction of the site plan from the defendant. The defendant also threatened to demolish the building forcibly. The plaintiff spent huge amount on construction. The plaintiff under pressure agreed to submit the building plan for approval subject to the condition that the Municipal Committee proves that the khasra numbers purchased by the plaintiff falls within the municipal limits, Kartarpur. The defendant insisted for a blank cheque as security. The defendant assured the plaintiff that the cheque would be filled in after consulting the plaintiff, which would be for the charges calculated for approval of building plan. The cheque in dispute was issued by the plaintiff. The plaintiff filed an application with the building plan on 29.12.2000 and the defendant failed to prove that the area falls within the Municipal limits of Kartarpur. No information was sent by the defendant. On 09.01.2001, the plaintiff moved an application to the District Town Planner, Jalandhar, asking whether the area purchased by her falls within the municipal limits of Kartarpur. The District Town Planner informed th