RSA No.3628 of 2010

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

RSA No.3628 of 2010

Date of Decision : 2.4.2014

Faqir Mohd.

.....Appellant

Vs.

Municipal Committee Nabha

......Respondent

...

CORAM :

HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK

...

Present :

Mr. M.L. Sarin, Sr. Advocate with Mr. Vijay Sharma, Advocate

for the appellant.

Mr. Neeraj Sharma, Advocate for the respondent.

...

RAMESHWAR SINGH MALIK, J

This is yet another glaring example, where an unscrupulous and

dishonest litigant has been trying to grab the public property, by adopting

every possible illegal method.

Present appeal, at the instance of defendant, is directed against

concurrent findings recorded by both the learned courts below, whereby suit

for declaration, possession, permanent injunction and mesne profits filed by the

plaintiff-Municipal Committee was partly decreed.

The brief resume of the case of plaintiff, as pleaded in the plaint is

that the suit land is part of Nabha Fort and falls within the municipal limits of

the committee. It is alleged that earlier the ownership of the suit land vested in

Nabha State and in terms of the notification dated 17.5.1950 issued by the

Secretary, Gove