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1999 Supreme(Raj) 404

B.S.CHAUHAN, M.A.A.KHAN
Mohammed Yunus – Appellant
Versus
Urban Improvement Trust, Jodhpur – Respondent


Advocates Appeared:
J.P. Joshi, for Appellant-Petitioner Dinesh Maheshwari, for Respondent No.1

Honble CHAUHAN, J.–The instant appeal has been filed under Section 18 of the Rajasthan High Court Ordinance, against the judgment/ order dated 19.5.99 passed by the learned Single Judgment in S.B. Civil Writ Petition No. 1484/1999, by which the writ petition filed by the appellant-petitioner has been dismissed.

(2). The facts involved in this case are not in dispute. Respondent No.1granted a licence in favour of the respondent No. 3 Damami Sabha, Motilal Boarding House, Jodhpur, on certain terms and conditions vide order dated 18.5.1968 (Annexure 1 to the writ petition) in respect of the land measuring 2599 square yeards for constructing a boarding house for the students,belonging to Damami community near Perli Semetry, Masuriya, Jodhpur. Respondent No. 3 inducted the appellant- petitioner as a sub-tenant on a part of the land measuring 30`x 10` in the year 1991 on a monthly rent of Rs. 1400/- and the appellant-petitioner raised certain constructions on the said land and after obtaining licence from the Shop and Commercial Establishments Department, started running a Scape-Shop. Some other tenants were also inducted on the said land like the appellant petitioner. The society did not



























































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