S.K. MAL LODHA, J.—This revision petition under section 115, C.P.C. is directed against the order dt. March 3. 1980 of the learned Munsif, Nathdwara the passed in Civil Suit No. 84 of 1977 holding that plaintiff-non-petitioners suit is maintainable in the absence of notice under sec 271 (2) of the Rajasthan Municipalities Act (XXXVIII of 1959), hereinafter referred to as «the Act*.

2. The plaintiff-non-petitioner instituted a suit for declaration and permanent prohibitory injunction against the defendant-petitioner in the Court of Munsif-Nathdwara on July 11, 1977. In para 4 of the plaint, it has been averred that the land described in paras 2 and 3 of the plaint measuring 1598 sq. ft. is of the plaintiffs ownership and possession and that the defendant wants to take possession of it. The word used in the plaint are-

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3. The plaintiff submitted an application for erecting the boundary wall in respect of the land described in para 3 of the plaint to the defendant. But that application was dismissed by the defendant holding that the land is open one and from the plaintiffs evidence, it has not been proved to be its ownersh

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