2007 Supreme(All) 2024
TARUN AGARWALA
Ved Prakash Rastogi – Appellant
Versus
Nagar Palika, Budaun – Respondent
Advocates Appeared:
Sanjay Agarwal, B. N. Agarwal, Ajeet Kumar, H. C. Rastogi, R. P. S. Kashyap, for Appellant; Manish Nigam, M. K. Nigam, Pawan Kumar Srivastava for Respondents
ORDER :- This is a plaintiffs second appeal. The plaintiff filed a suit for permanent injunction alleging that he was the owner and in possession of plot Nos. 485 and 486, portions of which were in the municipal limits. It was alleged that one Raghunath Sahai had filed Original Suit No. 113 of 1978 against the Municipal Board and the plaintiff with regard to the same plots in question and, in this suit, an issue with regard to the ownership of the plots was framed. This suit was dismissed against Sri Raghunath Sahai and the Court held that the plaintiff was the owner and in possession of plot Nos. 485 and 486. It was also alleged that the appeal filed by Sri Raghunath Sahai was also dismissed. The plaintiff, therefore, contended that apart from being in possession for more than 12 years, a judicial pronouncement had also been given in his favour by a Court holding him to be the owner and in possession of the plots in question. The plaintiff alleged that in a portion of plot No. 485, the defendant - Municipal Board had started throwing garbage and was trying to dispossess the plaintiff. Consequently, the present suit was filed in which the plaintiff prayed for the following reliefs:
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