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1950 Supreme(Raj) 46

RANAWAT
Thakurji Shri Mahadevji – Appellant
Versus
Nathu Mali – Respondent


Advocates Appeared:
G.N. Sharma, for the applicant; Parmeshwar Datta, for the opposite party

Ranawat, J.—In a suit filed on be-half of Thakurji Shri Mahadevji by 9 persons acting as Managers and next friends of the plaintiff against Nathu for possession of land and for demolition of the super-structures built by the defendant on the land which is alleged to belong to the plaintiff. The defendant in his written statement stated that he had obtained a lease of the said land from the Jaipur Municipality and was making constructions under the terms of the said lease. He did not admit the title of the plaintiff to the disputed land. The defendant applied in the Court below that the Jaipur Municipality, under whom he was holding the land, should be made a party to the suit. The learned Munsif, Jaipur West, having accepted the request of the defendant on the 19th of January, 1950, directed the plaintiff to make the Jaipur Municipality one of the defendants in the suit. The plaintiff has now filed this revision on the ground that the order of the Court below is wrong in law and should be set aside

2. The advocate of the plaintiff has cited A.I.R 1944 Nag. 130 in his favour. In that suit the plaintiff alleged that the 3 defendants trespassed on the plaintiffs land and excavated his



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