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2002 Supreme(Raj) 815

ARUN MADAN
Maharao Brijraj Singh – Appellant
Versus
Saraswati Devi Sharma – Respondent


Advocates:
K.K. Mehrish, Vinay Saxena & Tarun Jain, for Appellants defendants
Hardev Singh Sr. Adv. Madhu Moolchandani & Narendra Jain, for Respondent Plaintiff

Honble MADAN, J.–This misc. appeal arises out of order dt. 2.2.2000 passed by the Addl. Distt. Judge No.1, Kota in application for temporary injunction, whereby appellants (defendant) have been restrained from interfering in the possession of the plaintiff over the suit land during pendency of suit No.1/2000 for specific performance of the contract.

(2). Plaintiff respondent instituted a suit seeking specific performance of contract & permanent injunction against Maharao Brijraj Singh & Thakur Prithvi Singh in respect of 80 bighas of agricultural land situated in village Rampura Tehsil Ladpura District Kota renown as Ummaid Vilas Enclave, bearing Khasra Nos. 433, 436 to 439, 440 to 489, 491, 492/684 and 546/691. In the plaint, it was admitted case that the suit land stood acquired by State Govt. under the Urban Land Ceiling & Regulation Act, 1976 (for brevity Ulcer Act) but by order dt. 24.2.90, it had been released from its acquisition with the stipulation that suit lands would be allotted to weaker sections of the society for constructing their houses after due sanction of the UIT Kota.

(3). The plaintiff sought specific performance of an oral agreement alleged to have been entered








































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