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1995 Supreme(Raj) 494

MOHINI KAPUR
Gurubachan Singh – Appellant
Versus
Premlata – Respondent


Advocates Appeared:
Arjun Karnani, for Plaintiff-petitioner J.C. Jain, for Defendant non-petitioner

Honble KAPUR, J. – The plaintiff filed a suit for grant of permanent injunction and alongwith the suit he has also filed an application for grant of temporary injunction which was dismissed by the trial court namely the Additional Munsif and Judicial Magistrate, Ajmer (West) by his order dated 12.8.1987. He has preferred an appeal against this order which was dismissed by the Additional District Judge No. 2, Ajmer by order dated 17th August, 1993. Against the concurrent findings of both the courts below the petitioner has filed this revision petition. According to him the courts below have failed to exercise the jurisdiction vested in them and on this ground, the revision can be entertained before this Court and relief can be granted.

(2) The facts in brief are that the petitioner purchased a portion of the property belonging to Ram Niwas in the year 1969 and after some time he constructed a room on this plot. Towards the south of this property there was open plot of Ram Niwas and the petitioner started using this land for storing firewood etc. Subsequently, in the years 1980 Ram Niwas sold the remaining land to the four non-petitioners. The petitioner filed a suit in the year 1986











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