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2019 Supreme(Raj) 2922

SANDEEP MEHTA
Dayakishan – Appellant
Versus
Municipal Board, Bhadra – Respondent


Advocates Appeared:
Moti Singh, Advocate

JUDGMENT

Sandeep Mehta, J. - The appellant herein has approached this court by way of the instant second appeal for assailing the judgment and decree dated 23.07.2018 passed by the Additional District Judge, Bhadra in Civil Regular Appeal No.7/2015, whereby, the appellate court affirmed the judgment and decree dated 21.11.2015 passed by the Civil Judge, Bhadra in Civil Original Case No.107/2013 (41/2003).

2. Brief facts relevant and essential for disposal of the appeal are noted hereinbelow. The appellant and co-plaintiff respondents Nos.2, 3 and 4 (who have not challenged the appellate court's judgment) filed a suit for permanent injunction in the court below stating therein that 14 shops were constructed by Mahila Bal Kalyan Kendra in Ward No.15 near Murti Chowk of Kasba Bhadra and the plaintiffs, namely, Pawan Kumar, Rajendra Khadriya, Govind and Dayakishan, were given one shop each on rent. They were regularly paying rent to Mahila Bal Kalyan Kendra. The patta of the land was issued by the Nagar Palika, Bhadra to Mahila Bal Kalyan Kendra in the year 1973. To the north of the shops, a chunk of land was set apart by the Nagar Palika Bhadra in the year 1957 for public utility and wa

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