1994 Supreme(Raj) 582
R.S.KEJRIWAL
Sohan Lal Sethi – Appellant
Versus
Gyan Chand Choradia – Respondent
JUDGMENT
1. - This Miscellaneous Appeal under Order 43 Rule 1(r) C.P.C., has been directed against the order dated 5.11.1993, passed by Additional District and Sessions Judge No. 1, Jaipur City, Jaipur, allowing the application of the defendant-respondents under Order 39 Rule 4 C.P.C.
2. Brief relevant facts of the case are that on 5th July, 1986, the plaintiff appellant filed a suit for specific performance of an agreement with the allegations that on 20.2.1978, the defendant-respondents entered into an oral agreement with the plaintiff-appellant for leasing out the, disputed lands for the period of 60 years. Later on, on 8th April, 1978, a written agreement was executed between the parties to lease out the disputed land to the plaintiff-appellant. In accordance with the said agreement, the plaintiff paid rent of the disputed land to the defendants and obtained possession on 25th August, 1980. Since then the appellant is in possession of the disputed land. Now the defendants want to dispossess the appellant. Under these circumstances, the plaintiff filed a suit for specific performance and injunction against the defendant respondents. The plaintiff-appellant also filed an applicati
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