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2016 Supreme(Raj) 864

SANGEET LODHA
Gopal – Appellant
Versus
Manohar Lal – Respondent


Advocates Appeared:
For the Petitioner:Mr. Alkesh Agarwal, Advocate.

JUDGMENT :

Sangeet Lodha, J.

This revision petition is directed against order dated 6.5.16 of the Additional District Judge No. 2, Bhilwara in Civil Suit No. 89/13, whereby an application preferred by the petitioner-defendant under Order 7, Rule 11 CPC, seeking rejection of the plaint, has been dismissed.

2. The respondent-plaintiff filed a suit for declaration and permanent injunction inter alia against the petitioner herein and UIT, Bhilwara, in respect of a plot ad measuring 60x85 sq. ft. purchased by him from its khatedar Ladulal s/o Barda Balai, which was surrendered to UIT, Bhilwara for change of land use i.e. from agriculture to residential. Precisely, the case of the petitioner is that after conversion/regularisation of the land, vide order dated 6.4.11, the lease deed executed in favour of the petitioner by the UIT stands duly registered on 18.9.12, however, on the objection being raised by the petitioner-defendant, the proceedings have been suspended by the UIT, Bhilwara. Accordingly, the plaintiff has sought declaration that plot in question is owned by him and the petitioner and the respondent no.2 herein, the defendants, have no right whatsoever over the same. That apart,









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