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2018 Supreme(Raj) 265

PRAKASH GUPTA
Nagar Nigam – Appellant
Versus
Shrerit Auto Pvt. Ltd – Respondent


Advocates Appeared:
For the Appellant : Mr. L.L. Gupta, Mr. N.S. Maheshwari & Mr. K. S. Rawat for Ms. Naina Saraf
For the Respondent: Mr. R.K. Daga

JUDGMENT :

1. The instant civil first appeal under section 96 CPC filed by the defendant-appellant is directed against the judgment and decree dated 16.11.2009 passed by the Civil Judge, Senior Division, Jaipur (hereinafter "the trial court") whereby the learned trial court partly decreed the suit of the plaintiff-respondent.

2. The facts leading to the instant first appeal can be briefly summarised as thus: That the plaintiff-respondent is a private limited company doing business in the name of M/s Shrerit Auto Private Limited. The plaintiff-respondent purchased a plot bearing no B-19, Govind Marg, in front of Dusshera Garden, Adarsh Nagar, Jaipur (hereinafter "the plot"). The purported use of the said land was residential" and the plaintiff-respondent applied to the defendant-appellant to get the same converted to "commercial". It was stated in the plaint that the defendant-appellant took the decision to allow the conversion of the said plot from residential to commercial on 8th September, 2003. It was further stated in the plaint that the rates of conversion charges prevailing at that time for such conversion was 40% per meter of the reserved price of the residential plot and on t


























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