1. - The instant appeal is filed against the judgment and decree, dated 28.11.90, passed by Additional District Judge No. 1, Jaipur City Jaipur in Civil Appeal No. 10/89, whereby, the learned ADJ No. 1 Jaipur City, Jaipur affirmed the judgment and decree dated 25.4.89, passed by the Additional Civil Judge No. 3. Jaipur City, Jaipur in Civil Suit No. 55/86.

2. The plaintiff-appellant filed the present suit for permanent injunction and declaration, in the court of Munsif and Judicial Magistrate (West), Jaipur City. Jaipur, making averments in his plaint that he was having a Thadi, bearing No. 21 near Kotwali, Kishanpole Bazar, Jaipur. It is averred in the plaint that the Thadi was allotted to the plaintiff-appellant and he was carrying on his business on the aforesaid Thadi and was regularly paling rent to the Municipal Council, Jaipur. It is averred in the plaint that the plaintiff-appellant was a member of Purusharthi Thadi Holder's Union (Regd.) Jaipur. But at the time of emergency in the year 1975, all the Thadis were removed and they were replaced at Indira Market, Jaipur. It is averred that in this regard the plaintiff-appellant deposited Rs. 3,500/- with the respondent