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1999 Supreme(Raj) 1380

MOHD.YAMIN
Bashir Ahmad – Appellant
Versus
Javed Mohd – Respondent


JUDGMENT

1. - This revision has been directed against the order of learned Additional District Judge dated 25.5.1999.

2. Briefly stated, Bashir Ahmed filed a suit against Javed Mohd., Hasan Khan and Urban Improvement Trust, Jodhpur for permanent injunction, declaration of licence as void ab-initio and for dispossession with the averments that the Urban Improvement Trust approved a plan to raise a shopping centre in Bada Bazar, Jodhpur. Plaintiff was in possession of shops No. 131 and 132 where he has established his office and business. Each of the shops was 15' x 10' having a verandah of 8' x 10'. An open space was left on the western side of shop No. 131 and thereafter series of shops were constructed, there were licences of shops No. 131 and 132 and the licence of shop No. 132 was issued in the name of G.L. Khanna which also has a site plan. This site plan is in possession of the plaintiff. In continuation of shop No. 132 on the eastern side, shops of Hasan Khan are situated over which is residential house of Hasan Khan was constructed. It is further averred that Hasan Khan obstructed the verandah of plaintiff's shop No. 132. Plaintiff sent some letters to the Urban Improvement T














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