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1980 Supreme(All) 405

K.N.SINGH, V.N.VERMA
Municipal Board – Appellant
Versus
Abdul Hameed – Respondent


Advocates appeared:
V. Swarup, Mohd. Moonis, S.C. Ghildyal

JUDGMENT

K. N. Singh, J.

1. THIS appeal is directed against the judgment and decree of Civil Judge, Bijnor, dated 20-3-1978 decreeing the plaintiff-respondent's suit.

2. THE plaintiff-respondents who are 68 in number filed a suit for permanent injunction, restraining the Municipal Board, Chandpur defendant-appellant from interfering with the plaintiff's right to reside in their houses and using the land appurtenant - thereto. The suit was filed with the allegations that the residential houses of the plaintiff are situated on plots Nos. 1507, 1508, 1557 and 1558 in Mohalla Bazar Mehma Sarai in the town of Chandpur. The plaintiffs are in possession of the houses situated thereon and they have been enjoying the open land as Sahan. The plaintiff further asserted that the said houses were in their occupation from the time of their ancestors and they have been repairing and building the said houses. The Municipal Board is not the owner of the houses and land and the land is not Nazul land. The plaintiffs have never paid any tax or rent to the Municipal Board in respect of their residential houses. The plaintiffs further asserted that they were illiterate persons. The Municipal Board takin













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