DIPAK MISRA
Baldev Singh Bhatia – Appellant
Versus
The Commissioner, Nagar Palika – Respondent
Dipak Misra, J.
1. The sole point involved in this revision petition is whether the refusal of prayer to reject the plaint under Order VII Rule 11 of the Code of Civil Procedure (hereinafter referred to as 'the Code') by the learned Second Additional District Judge, Raipur in Civil Suit No. 21-A/99 is justified.
2. A brief reference to the factual aspects as stated by the parties would suffice.
3. The non-applicant No. 3, Saddruddin Farista, instituted the aforesaid suit for declaration that the lease hold rights in respect of the suit plot are valid and subsist and the letters dated 2-4-99 and 11-6-99 issued by the Defendant No. 1, Municipal Corporation, Raipur, are without any legal authority and sanction, and further for permanent injunction restraining the defendants from invalidating, interfering with or disturbing the lease hold interest of the plaintiff in respect of the suit plot without due process of law. It is setforth in the plaint that the defendant No. 1 owns the plot No. 11/2 in Block No. 94 admeasuring an area of 1250 sq. ft. situate at Old Bus Stand, G.E. Road, Raipur and this parcel of land was let out to one Rajab AH at the rate of Rs. 50/- per month. After the
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