-1- 104 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-1987-2022 Date of Decision: 27.05.2026 SANJEEV KUMAR AND ANOTHER ...Appellants Versus MUNICIPAL CORPORATION HISAR AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Jainainder Saini, Advocate Ms. Shilpa Saini, Advocate for the appellants. PARMOD GOYAL, J. (ORAL) Present regular second appeal has been preferred by appellants/plaintiffs being aggrieved by judgment and decree dated 21.02.2017, passed by learned Civil Judge (Senior Division), Hisar whereby suit for permanent injunction preferred by appellants/plaintiffs was dismissed and also by judgment and decree dated 18.11.2021, passed by learned Additional District Judge, Hisar, whereby first appeal preferred by appellants/plaintiffs was also dismissed. 2. Appellants/plaintiffs had claimed that they are owners in possession of shop measuring 10 x 20 ft. situated in Indira Nagar, Rajgarh Road, Hisar where they are running their business under the name and style of Bajrang Juice Corner, Hisar. That between the shops of appellants/plaintiffs and Rajgarh Road there was an open space of about 30 ft. wide from the edge of the metal road. To earn their livelihood, CHIRANJEEV SINGH 2026.05.29 14:59 I attest to the accuracy and integrity of this document RSA-1987-2022 -2- appellants/plaintiffs installed a kiosk measuring 8 x 12 ft. on the open space lying in between their shop and the metal road and started selling various products since 2008. It was the claim of appellants/plaintiffs that Gram Panchayat, Amardeep of Village Amardeep, Khand, Hisar-I vide its resolution admitted possession of appellants/plaintiffs and decided to charge rent from appellants/plaintiffs and accordingly, appellants/plaintiffs became tenants under Gram Panchayat, Amardeep. It was asserted that prior to 2012, land belonged to Gram Panchayat, Amardeep and after inclusion of Gram Panchayat, Amardeep in the municipal area, it vested in the Municipal Corporation, Hisar. In view of the fact that appellants/plaintiffs were tenants under Gram Panchayat, Amardeep, therefore, they continued to be tenants under Municipal Corporation and forcible possession of kiosk by Municipal Corporation is illegal. Accordingly, appellants/plaintiffs had sought permanent injunction against Municipal Corporation, Hisar. 3. Respondents/defendants contested the suit and took number of preliminary objection with regard to maintainability etc. On merits, plea of ownership and possession were denied. It was asserted that during regular inspection, it came to notice of authorities that appellants/plaintiffs have made illegal encroachment on the public street portion and have set up a kiosk over the same. It is asserted that appellants/plaintiffs have not only encroached by making kiosk measuring 8 x 12 ft, rather they have encroached upon much larger area by installing tin shed. It was asserted that due notice dated 08.07.2015 was served under Section 408A(1) of Haryana Municipal Corporation Act, 1994 upon appellant/plaintiff No.1-Sanjeev Kumar. It was asserted that Gram Panchayat had never rented out the shop for kiosk to the appellants/plaintiffs and there is no record in this regard. CHIRANJEEV SINGH 2026.05.29 14:59 I attest to the accuracy and integrity of this document RSA-1987-2022 -3- Dismissal of suit was prayed for. 4. Learned Courts below after considering respective pleadings and evidence led by parties had concluded that appellants/plaintiffs have failed to show that they are tenants of Gram Panchayat, Amardeep as they have failed to prove any record showing that shop was rented by Gram Panchayat, Amardeep to appellants/plaintiffs. Payment of rent to Gram Panchayat, Amardeep by appellants/plaintiffs was also not proved. Accordingly, appellants/ plaintiffs were held to be in illegal possession and suit as well as appeal were dismissed. 5. On consideration, I do not find any error or perversity in the judgments passed by Courts below. Both the Courts have come to the right conclusion on appreciation of pleadings as well as evidence led by parties. Though initially appellants/plaintiffs had claimed ownership as well as possession over the suit land, however, in their plaint itself, appellants/plaintiffs in alternative asserted that suit land was rented to them after installation of kiosk by them on the land owned by Gram Panchayat, Amardeep. However, to prove said assertions, no evidence except for Mark A stated to be resolution passed by Gram Panchayat has been produced. 6. If appellants/plaintiffs are claiming tenancy under Gram Panchayat, payment of rent is pre-condition for creation of tenancy, however, in the present case, except for oral assertions, no material was placed to show that rent was ever paid to Gram Panchayat, Amardeep. There is no receipt or material to show that rent was ever paid to Gram Panchayat, Amardeep. Mark A was rightly not taken into consideration as it was not proved as a valid evidence by appellants/plaintiffs as only a photocopy without producing the original cannot be taken into consideration as neither CHIRANJEEV SINGH 2026.05.29 14:59 I attest to the accuracy and integrity of this document RSA-1987-2022 -4- the primary evidence was available in this regard nor it was proved by way of secondary evidence. Accordingly, appellants/plaintiffs have failed to prove that they were tenant under Gram Panchayat, Amardeep. 7. Once it is held that appellants/plaintiffs were not a tenant, their status over the suit property is of an illegal trespasser/encroacher. Therefore, Municipal Corporation, Hisar who is owner of suit property is within its rights to get the same vacated by demolishing the construction raised by appellants/plaintiffs. Due notice has been given by Municipal Corporation, Hisar and in these circumstances appeal preferred by appellants/plaintiffs is without any merit, hence is dismissed. 8. Pending application(s), if any, is/are disposed of accordingly. (PARMOD GOYAL) 27.05.2026 JUDGE chiranjeev Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No CHIRANJEEV SINGH 2026.05.29 14:59 I attest to the accuracy and integrity of this document