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1983 Supreme(Raj) 179

M.C.JAIN
Gouri Shanker – Appellant
Versus
Jabbar Singh – Respondent


Advocates Appeared:
A.L. Chopra,for Petitioner; R. Mehta, for Non-petitioner No. 1; N.M. Lodha, for Non-petitioner No. 2.

M.C. JAIN, J.—This is the plaintiffs revision against the order dated September 27, 1982, passed by the Munsiff, Bhinmal, whereby he allowed the application of Jabbar Singh, non-petitioner No. 1 under Or. 1, Rule 10, C.P.C.

2. The plaintiff petitioner instituted a suit against the Municipal Board, Bhinmal, with the allegation that the plaintiff is the owner of plot measuring 11,429 Sq yds, situated in town of Bhinmal. The original owner thereof was one Solanki Jivaji Jorji and the plaintiff purchased that land from one Bhairushan-kar on Bhadwa Sudi 7, St 2026, for a sum of Rs. 81/-. Since then he is in possession of the suit p!ot. The plaintiff further averred that the Municipal Board, Bhinmal, invited applications for leasing out that land for industrial purposes and about nine persons have deposited earnest money along with the applications. The plaintiff sought a relief of injunction to the effect that the Municipal Board be restrained from dispossessing the plaintiff from the plot in question. The Municipal Board submitted its written statement denying the plaintiffs title and possession over the plot in question. On 7. 1. 1980 Jabbar Singh, non-petitioner No. 1, submitted an ap











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