- (1.) Challenge in these appeals is to the judgment rendered by a learned Single Judge of the Rajasthan High Court in two second appeals. The appeals were preferred by the appellant questioning correctness of the conclusions arrived at by the Courts below.
(2.) Factual position which is almost undisputed in both the cases needs to be noted in brief and is as follows:
(3.) For the sake of convenience the facts situation in Civil Appeal No.2546 of 2004 (Municipal Council, Udaipur v. Mahendra Kumar) is reflected.;