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VIKAS BAHL
Faridabad Complex Administration – Appellant
Versus
Rajinder Prashad – Respondent
JUDGMENT :
(Vikas Bahl, J.)
Present Regular Second Appeal has been filed under Section 41 of the Punjab Courts Act, 1918 by the appellant-defendant against the judgment and decree dated 16.10.1989 passed by the Additional District Judge, Faridabad, vide which the appeal filed by the respondent-plaintiff has been allowed and the suit of the plaintiff has been decreed and the judgment of the trial Court dated 27.03.1989 passed by the Sub-Judge, IInd Class, Faridabad has been set aside.
2. Brief facts of the case are that the respondent-plaintiff (hereinafter referred as “the plaintiff”) had filed a suit for permanent injunction to the effect that defendant be restrained from demolishing the suit property. It was the case of the plaintiff that he was the owner in possession of house shown as ‘A B C D E F G’ in the site plan, which had been exhibited as Ex.P2 and was situated in Khewat No.28/23, Khatoni No.56/55, Khasra No.1370, situated within the revenue estate of Mauja Faridabad, Sub-Tehsil & District, Faridabad. The relevant jamabandi was annexed with the plaint in order to show the ownership of the plaintiff. It was averred that a residential house along with a boundary wall had b
Construction completed prior to six months of a demolition notice is protected under law, affirming the right to seek an injunction against such demolition.
Suit against municipal body challenging demolition notice requires proven pre-suit notice under Section 527 MMC Act; mere plaint averment insufficient against specific denial, no waiver without expli....
In a suit for injunction alleging illegal construction, the Court must consider all relevant evidence, including the building plan sanctioned by the Municipal Authority, and implead the Municipal Aut....
Clarity on facts and the distinction between statutory provisions are crucial in determining the entitlement to equitable relief.
Authorities must adhere to procedural fairness and cannot act arbitrarily when authorized actions affect property ownership, especially when statutory appeals are pending.
The Tribunal has the authority to compound minor building violations, and its findings on such matters are final, especially when the petitioner fails to act on submitted revised plans.
Civil Law - Unauthorized construction - Jurisdiction of Court - Empowering courts to summarily dismiss a suit - When court had no jurisdiction to try case, ad-interim injunction cannot be granted.
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