1. The present Regular Second Appeal has been preferred by the appellant-
plaintiff against the judgment and decree dated 17.04.1997 passed by the
learned Additional District Judge, Hoshiarpur, whereby the appeal filed by the
respondent-defendant/Municipal Committee was allowed and the well-reasoned
judgment and decree dated 04.03.1994 passed by the learned Sub Judge IInd
Class, Hoshiarpur, decreeing the suit of the plaintiff, was set aside.
BACKGROUND FACTS
2. The facts, as culled out from the record, are that the appellant claims to
have purchased 10 marlas of land forming part of Khasra No. 800 (total
measuring 11 kanals 8 marlas), situated in Mohalla Premgarh, Hoshiarpur, vide
registered sale deed (Ex.P1) dated 19.02.1988 (registered on 20.12.1988) from
one Parkash Singh, a co-sharer in the said khasra. The appellant asserts that he
raised construction (a room and boundary walls) on the suit plot in early 1989
without obtaining prior sanction from the respondent-Municipal Committee. He
further claims to have obtained water and sewerage connections from the
respondent-Municipal Committee upon payment of dues, and resided therein
without objection until the impugned notice dated 28.02.1990 under Sections
195, 195-A and 172 of the Punjab Municipal Act, 1911 was issued, alleging
unauthorised construction and directing demolition of the same. The appellant-
plaintiff challenged the said notices by filing a suit for declaration and
permanent injunction.
