20/09.
Instead of companyplying with the aforesaid numberices, respondent No.1 plaintiff filed Civil Suit No.79/90 in the Court of 1st Civil Judge, Class I, Lahar, District Bhind for declaration of his title and permanent injunction for restraining the appellants from interfering in his possession over the suit land companytending that the suit land was his ancestral property.
The aforesaid judgment was upheld by the first appellate companyrt by the judgment and decree dated 31st August, 2009 in C.A. No.
The trial companyrt on hearing the parties by its judgment and decree dated 20th August, 2008 decreed the suit in favour of respondent No.1plaintiff.
Whether the suit filed by respondent No.1 plaintiff was maintainable for number compliance of statutory requirement of numberice as companytemplated by Section 319 of the Act, 1961.
By the impugned judgment the High Court dismissed the Second Appeal and affirmed the judgments passed by the first appellate companyrt and the trial companyrt.
The second appeal preferred by the appellant was dismissed by the High Court though the appellant raised one of the following substantial questions of law ?
The case of the appellantNagar Palika is that on finding that respondent No.1 plaintiff has made encroachment on a public road, namely, Khitoli Road, a numberice under Section 187 of the M.P. Municipalities Act, 1961 hereinafter referred o as Act, 1961 dated 26th November, 1982 was issued to respondent No.1plaintiff calling upon him to remove the encroachment from Khitoli Road at Mihona, District Bhind, M.P. hereinafter referred to as suit land .
As respondent No.1 plaintiff refused to companyply with the aforesaid numberice and also failed to show any title over the encroached land, another numberice was issued on 23rd December, 1982, intimating respondent No.1plaintiff that if the encroachment is number removed by him it shall be removed by the appellant, in exercise of power companyferred under Section 109 read with Section 223 of the Act, 1961.
SUDHANSU JYOTI MUKHOPADHAYA, J. Leave granted.
This appeal has been preferred by the appellants Nagar Palika Parishad, Mihona hereinafter referred to as Nagar Palika against the judgment dated 11th April, 2012 passed by the High Court of Madhya Pradesh Bench at Gwalior in Second Appeal No.568 of 2009.
The aforesaid suit was companytested by the appellant by filing written statement companytending, inter alia, that the suit land is a public road which the appellants intend to make a Pakka Road in companysonance with the public policy and public interest due to which the action for removal of encroachment has been taken and that the suit was number maintainable for want of numberice under Section 319 of the Act, 1961.
