Honble TATIA, J.–Heard learned counsel for the parties.

(2). S.B.Civil Second Appeal No.86/81 has been preferred by defendant-Municipal Board, Bikaner against the judgment and decree dated 6-9-1979 by which the trial court granted decree for perpetual injunction against the appellant-defendant Municipal Board, holding that the plot in dispute shall not be sold by auction on objection of defendant no.2 but in case any neighbour raises any objection against the disposal of the land under Rule 23 of the Rajasthan Municipalities (Disposal of Urban Land ) Rules, 1974 (for short "the Rules of 1974"), then the land be disposed of by public auction. The appeal against the judgment and decree of the trial court was dismissed by the appellate court vide judgment and decree dated 5-11-1080.

(3). S.B.Civil Second Appeal No.91/1981 is also against the same judgments and decrees referred above but by defendant no.2, who is also seeking allotment of land in his favour.

(4). The facts which are not in dispute are that plaintiff no.1 is a Trust and plaintiff no.2 is the Chief Trustee of plaintiff no.1-Trust. Plaintiff no.1 applied for the allotment of the plot in dispute having measurement of 264 sq.f

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