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2000 Supreme(P&H) 863

R.L.ANAND
Som Nath – Appellant
Versus
Shree Mata Mansa Devi Pooja Sthal – Respondent


Advocates Appeared:
For the Petitioners:Mr. G.C. Dhuriwala, Advocate.
For the Respondents:Mr. Ashutosh Mohunta, Advocate.

JUDGMENT

R.L. Anand, J. - This is a civil revision and has been directed against the judgment dated 8.6.2000, passed by the Court of Addl. Distt. Judge, Panchkula, who dismissed the appeal of the petitioners under Order 43 Rule 1, CPC, by affirming the order dated 8.5.2000, passed by the Court of the Civil Judge (Jr. Divn.), Panchkula, who dismissed the application of the petitioners under Order 39 Rules 1 and 2, CPC.

2. The pleadings of the parties can be summarised in the following manner :-

3. The petitioners filed a suit for declaration to the effect that the plaintiffs are entitled to the allotment of the booths constructed by the defendants in the shopping complex at points X and Y in respect of booths No. 285 to 293 and 125 to 138, being old tenants of the defendants as per their undertaking dated 14.3.1992 and the allotment letters dated 3.4.2000 issued by the defendants are wrong and against the spirit of the undertaking and the petitioners also prayed for a decree for mandatory injunction directing the defendants to allot the booths to the plaintiffs in the shopping complex at points X and Y. It was also prayed by the petitioners that a decree for permanent injunction be p








































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