Vijay Kumar vs Municipal Council, Banga

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2539

ALKA SARIN
Vijay Kumar – Appellant
Versus
Municipal Council, Banga – Respondent

Advocates Appeared:
Mr. Krishan Sehajpal, Advocate; For the Appellant

Table of Content
1. ownership assertion and contestation of notices (Para 1 , 2)
2. claim of ownership and legality of notices (Para 5)
3. lack of evidence for ownership claim (Para 6 , 7)
4. rejection of appeal based on merit (Para 8)
5. final dismissal of the appeal (Para 9)

JUDGMENT

Alka Sarin, J.

The present regular second appeal has been preferred by the plaintiff-Appellants against the judgments and decrees passed by both the Courts below.

2. The brief facts relevant to the present lis are that the plaintiff-Appellants had filed a suit for declaration to the effect that the plaintiff-Appellants are owners in possession of the property as described in the plaint as also challenging the notices dated 17.05.2011 and 20.05.2011 issued by the defendant-Respondent (Municipal Council, Banga) being illegal null and void and consequential relief of permanent injunction restraining the defendant-Respondent from interfering in the possession of the plaintiff-Appellants. The plaintiff-Appellants averred in the plaint that the suit property was their ancestral property having been inherited from their forefathers by means of survivorship and that the plaintiff-Appellants raised a boundary wall a

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