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1998 Supreme(Raj) 1256

ARUN MADAN
Gulam Mohd. Qureshi – Appellant
Versus
Nagar Nigam Jaipur – Respondent


JUDGMENT

1. - This second appeal is directed against the judgment & decree of the Additional District Judge No. 5, Jaipur City Jaipur confirming the judgment & decree passed by the Additional Civil Judge (JD) No. 4, Jaipur City who dismissed the plaintiff-appellant's suit for permanent injunction.

2. The salient facts giving rise to this second appeal, briefly stated, are that the plaintiff appellant filed a civil suit for permanent injunction averring therein inter-alia that he had been residing at the suit plot measuring 27.6. ft. x 31 ft. situated in Kachhi Basti Sitarampura in Survey No. 4526/71, Nehru Nagar Jaipur for more than 30 years without any interruption and to thereby had acquired ownership rights by adverse possession. The State of Rajasthan made survey of Kachhi Basti for regularisation, wherein survey No. 4526 was given to the plaintiff, but on 18.5.91 a notice Under sections 32 and 33 of the Jaipur Development Act, 1982 (for short "the JDA Act") was issued by the Jaipur Development Authority (for brevity "JDA") alleging therein that the constructions were made unauthorisedly by the plaintiff without seeking prior permission of the Corporation and hence the same coul










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