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1966 Supreme(Raj) 104

SHINGHAL
Ladhuram – Appellant
Versus
Municipal Board, Ganganagar – Respondent


Advocates Appeared:
C.L. Agrawal, for Appellants in cases Nos. 1and 2 and for Respondents Nos. 1 to 4 in Case No. 7; M.M. Vyas and H.N. Kalla, for Respondent No. 1 in Cases Nos. 1 and 2 and for Appellants in Cases No. 4, 5 and 7;D.S. Sisodiya, for Respondent Mo. 1 in Cases N

SHINGHAL, J.—These nine second appeals arise out of suits Nos. 75 of 1957, 94 and 157 of 1960 and 20 and 200 of 1962. The first of these suits stands dismissed by the impugned judgment and decrees of the learned District Judge of Ganganagar, dated March 2, 1959, and the first two appeals of the plaintiffs have arisen for that reason. The remaining suits have been decreed and this is why the defendants have preferred the other seven second appeals. There is not much difference in the basic facts of the five suits and the nature of the dispute is quite similar. They can be disposed of on the basis of the admitted facts, as common questions of law and facts arise in all of them. This is why they have been argued together, virtually as companion appeals, and I propose to dispose them of by this single judgment.

2. The parties to the suits are no doubt different, except that the Municipal Council of Ganganagar, which shall hereafter be referred to as the Municipality, is a defendant in all of them. The common admitted facts are like this : In the Dhan Mandi area of Shri Ganganagar town there is a road leading from the Kotwali to the Lakhar Mandi (which shall hereafter be referred to as t








































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