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1989 Supreme(MP) 31

P.C.PATHAK
Panch Musalman Untkhana Masjid – Appellant
Versus
Indore Municipal Corporation – Respondent


Advocates Appeared:
N.K. Sanghi for appellants;
M.P. Singh for respondent

JUDGMENT

P.C. Pathak, J.

l. The plaintiff having lost the suit in both the Courts below has filed this second appeal.

2. The appeal was admitted on the following substantial questions of law:-

(1) Whether on the facts and circumstances of the case, the plaintiffs are not entitled to the relief claimed by them and that the respondent is entitled to dispossess the appellants from any portion of the suit properties?

(2) Whether the order Ex. P. 2 passed by the Appeal Committee of the Corporation is valid and enforceable or is void and without jurisdiction ?

(3) Whether or not the respondent was entitled to go behind the order Ex. P. 1 and plan Ex. P. 4 and order Ex. P. 2 and Ex. P. 5 passed by the competent authorities?

3. The plaintiff filed the suit in representative capacity stating that there exists a mosque over plot No. 32/2. Motitabela Main Road, Indore. The plot on its West, North and South is owned by mosque where bath-room, verandah, urinal, well, a tank and temporary sheds exist. All these structures and the garden are surrounded by a wire fencing. The land underneath the mosque and the land appurtenant to it are Municipal Kh. Nos. 15510-15511 and 15513, while Revenue Kh. No. is 9













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