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1990 Supreme(Raj) 414

MOHINI KAPUR
Rajpurohit Vashishtha – Appellant
Versus
Nagar Sudhar Nyas – Respondent


Advocates:
For the Petitioner:Mr. R.S. Purohit, Advocate.
For the Non-petitioner:Mr. R.K. Mathur, Advocate.

JUDGMENT

1. - This is a plaintiff's revision against the order dated 25th Feb. 1986 passed by the Additional Civil Judge No. 1 Alwar who accepted the appeal against the order dated 22nd December, 1978 passed by the Additional Munsif No. 1 Alwar and dismissed the petitioner's application for grant of temporary injunction. This order has been challenged in this petition.

2. The land in dispute measures 311/2 feet * 425 feet. This is by the side of main road. The claim of the petitioner is that this land was sold to him by Khawas Shivnath Singh and a 'patta' was issued and he has in possession over it from long time. Besides this case under Section 91 of the Land Revenue Act was also decided in favour of the petitioner. It is contended that the petitioner's tenants have been using this open land and the non-petitioner Nagar Sudhar Nyas Alwar should not be allowed to make constructions upon this land.

3. The learned counsel for the non-petitioners on the other hand claimed that the land in dispute is Nazool Property and vests in the Improvement Trust and is part of the Government land. it is also submitted that they are merely constructing a side walk or 'Patri' on the disputed land and






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