Dismissed

Ghaziabad Christian Lords Fellowship v. Nagar Nigam and 2 Others

Allahabad HC25 Feb 2020FAFO/4329/2018

Case brief

AI extract

What is this about?

This appeal challenged an injunction order favoring a plaintiff in a suit concerning land alloted from the municipal corporation. The appellant failed to prove an allotment or possession letter, whereas the plaintiff established title through an Amin Commissioner report. The appeal was dismissed.

What did the court decide?

The appeal is dismissed, and the injunction order passed in favor of the plaintiff is upheld.

Ghaziabad Christian Lords Fellowship Vs Nagar Nigam and… — Property and Title | Allahabad HC (2020)

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Court No. - 53 Case :- FIRST APPEAL FROM ORDER No. - 4329 of 2018 Appellant :- Ghaziabad Christian Lords Fellowship Respondent :- Nagar Nigam And 2 Others Counsel for Appellant :- Ashish Srivastava Counsel for Respondent :- Nipun Singh,Arvind Singh,Ishwar Chandra Tyagi,Nirvikar Gupta,Shivam Shukla

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Hon'ble Vivek Agarwal,J.

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Sri Ashish Srivastava, learned counsel for the appellant, Sri Nipun Singh, learned counsel for respondent and Sri Nirvikar Gupta, learned counsel for respondent no. 3.

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This appeal under Order 43 Rule 1 (r) CPC has been filed by the defendant - Ghaziabad Christian Lords Fellowship, Ghaziabad being aggrieved by order dated 7.9.2018 and formal order dated 31.10.2018 passed by Court of learned Civil Judge (SD), Ghaziabad allowing an application under Order 39 Rules 1 and 2 CPC filed by the plaintiff.

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Learned Counsel for the appellant submits that there is a proposal to allot some land in favour of appellant's society for the purpose of graveyard of the society as burial ground for the members of its community and placing reliance on the document contained in Annexure-3 dated 1.8.2016 issued by the Joint Secretary of the Government of UP to the Municipal Commissioner, Nagar Nigam, Ghaziabad, it is submitted that since land has been directed tobe identified and allotted, the appellants have vested interest in the land and, therefore, no injunction order could have been passed in favour of the plaintiff dehors right of the Appellants.

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When appellant is asked to show letter of allotment and the letter of possession so to give exact details of the land over which allotment has been made and possession has been granted in favour of appellant, he is at loss of words to point out any such record. In view of such facts, when appellant has yet not been issued any letter of allotment and possession whereas instead plaintiff could proved his ownership and title over the suit land contained in Survey No. 1703/4 and even Amin Commissioner Report has been received in favour of the plaintiff, there is no infirmity or illegality in the impugned order calling for interference by this court. The appeal fails and it is dismissed.

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Order Date :- 25.2.2020 S.K.S.

Ghaziabad Christian Lords Fellowship v. Nagar Nigam and 2 Others

Case brief

What is this about?

What did the court decide?

Ghaziabad Christian Lords Fellowship v. Nagar Nigam and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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