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1956 Supreme(Raj) 194

WANCHOO, DAVE
Neelkanth Mali – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
U.M. Trivedi, for appellant; L.N. Chhangani, Government Advocate; B.S. Bapna and Chandmal, for Respondent No. 1

Wanchoo, C.J.—This is an appeal by Neelkanth Mali who was plaintiff in a suit brought by him against Mehta Jagannath Singh, and the State of Rajasthan. The suit was dismissed by the trial court. There was an appeal by the plaintiff which was also dismissed. Hence this second appeal,

2. The plaintiffs suit was for a declaration of his title to a plot of land measuring 7 biswas on which a house and a well stand in the city of Udaipur. He also asked for a permanent injunction restraining the defendants from dispossessing him from the property in dispute. The plaintiff claimed to be in possession of the property in dispute for a long time, and said that the defendants were trying to dispossess him on the basis of an order passed in Svt. 1999 for the acquisition of land for construction of the Fateh High School building. His case further was that the land was never acquired for the Fateh High School;, and remained in his possession all along. But in July, 1947, the then Ruler of Mewar ordered the grant of bapi of the land in favour of Mehta Jagannath Singh. Thereafter the plaintiff was ordered to hand over possession to Mehta Jagannath Singh. The plaintiff, however, did not do so, and ga














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