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1986 Supreme(Raj) 62

S.N.BHARGAVA
Nathu Lal – Appellant
Versus
Ram Swaroop – Respondent


Advocates:
Appearance :
N.L. Tibrewal and A.K. Bajpayee, for the Appellant
R.C. Kasliwal, for the Respondents

Judgment

S.N. Bhargava, J.-This is a second appeal directed against the judgment and decree of Civil Judge, Jaipur Distt. Jaipur reversing the decree passed by Munsif , Bandikui and decreeing the suit of the plaintiff-respondents for injunction.

2. The plaintiff-respondents are tenants of shop No. 57 situated in the grain-market known as ‘Madho Ganj’ in Bandikui town. The said shop formerly belonged to the erstwhile Jaipur State and now, after formation of the State of Rajasthan, it belongs to the State of Rajasthan. There is an open piece ofland measuring 30’ x 13’ in front of the said shop to its East. Towards the North of the said shop, there is a Government building known as ‘Rahdari’ having a window and a smal1 door ‘Pai’. The said building had been purchased by the defendant-appellants. The plaintiff s have been using the open plot ofland in front of their shop for stocking and exhibiting the grains in which business they are dealing for the last 45 years. The defendant Nos. 1 to 4 have made some constructions in the adjoining building after purchasing the same and they proposed to construct shops towards the disputed land and open doors in the southern wall, with a view to g


























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