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1970 Supreme(Raj) 155

SHINGHAL
Ramchandra Tanwar – Appellant
Versus
Ram Rakhmal Amichand – Respondent


Advocates Appeared:
P.C. Mathur, for Appellant; H.M. Parakh and Dalpat Raj, for Respondent No.1; L.R. Bhansali, for Respondent No 2

SHINGHAL, J.—This is an appeal by defendant Ramchandra against the order of the Additional District Judge, Shri Ganganagar, dated June 5, 1970, making absolute the ad interim injunction dated 26, 1970.

2. The facts are quite simple. The plaintiff instituted the suit on March 17, 1970, against the Union of India and the present appellant Ramchandra, for the grant of a perpetual and a mandatory injunction under sec. 38 and 39 of the Specific Relief Act, 1963, and recovery of damages amounting to Rs. 4,500/-. It was alleged that the plaintiff was a vendor of hot and cold drinks at Hanumangarh railway station, and carried on that business in two stalls constructed by the Rail-way Administration, and in six trollies, on payment of the fee therefor. The plaintiff paid the vending fee up to December 31, 1969, and any previous notice of termination of the contract was waived by the Railway authorities. It was therefore pleaded that the plaintiff was surprised when it was informed that it would not be allowed to carry on the vending work beyond January 1, 1970. The plaintiff felt aggrieved because it was not served with a notice of three months, and it therefore served a notice under sec. 80
















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