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1999 Supreme(Raj) 388

BHAGABATI PRASAD BANERJEE
Mohd. Yunus – Appellant
Versus
Urban Improvement Trust, Jodhpur & ors – Respondent


Advocates Appeared:
J.P. Joshi, for Petitioner Dinesh Maheshwari, for Respondents

Honble Prasad, J. – Petitioner in this writ petition, claims that a piece of land was allotted by the respondent Urban Improvement Trust, Jodhpur (hereinafter referred to as the respondent- Trust) in favour of Secretary, Motilal Nehru Boarding House, Jodhpur vide Annex.1. Vide Annex.2 the said Boarding House was permitted to be constructed. Certain constructions were made on the land allotted. Subsequ- ent thereto, respondent no.3 decided to give a portion of this land on rent. A piece of land measuring 30 ft. x 10 ft. was given on a monthly rent of Rs. 1400/- to the petitioner.

(2). Petitioner, after obtaining possession, raised certain constructions to run a scrap shop. Subsequently, petitioner obtained licence for running the shop from the Shops & Commercial Establishments Department in the year 1991. The licence issued to petitioner has been produced as Annex.3. Petitioner also obtained telephone connection. A photostat copy of telephone bill has also been submitted by petitioner as Annex.4. By the aforesaid, petitioner claims that he was put in lawful possession.

(3). The land was allotted by respondent-Trust to respondent no. 3, who had put in petitioner in possession and has r







































































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