- (1.) This revision petition is directed against the order dated, 26.11.92 passed by the Additional District Judge No. 2, Jaipur City, Jaipur, in Civil Miscellaneous Appeal No. 37/89, whereby he has set aside the order dated 7.10.87 passed by the Additional Munsiff No. 4, Jaipur City and has granted an order of injunction in favour of the nonpetitioner and thereby he has restrained the Municipal Corporation, Jaipur from realising house tax for the year 1976-77 and not to get house tax assessment done through S.Shri Nathu Lal Nirmal, Kishore Kumar Agrawal, Mahendra Kumar Jain, Manohar Singh Parmar and Ashok Swamy.
(2.) For the purpose of appreciation of contentions advanced by two sides it is necessary to make a brief reference to the facts. Plaintiff-nonpetitioner filed a suit for declaration and injunction on 11.5.85 in the Court of Additional Munsiff No. 1, Jaipur. City. He claimed that being a tax-payer, he has a right to see that the assessment of tax is made by a legally appointed person and five persons who have been working as Assessors in the service of the Municipal Council, Jaipur (now Municipal Corporation, Jaipur are not legally appointed in the service of the Municipal Council, Jaipur) and therefore, they have no right'to assess the citizens for house tax and no levy of house tax can be made on the basis of assessment made by such persons. Plaintiff-nonpetitioner pleaded that these five persons have been appointed in contravention of Section 114 as well as section 310 of the Rajasthan Municipalities Act, 1959. An application for grant of injunction was also filed by the plaintiff. In its reply, the Municipal Council raised several preliminary objections to the maintainability of the suit as well as the injunction application.
(3.) After hearing the parties the learned Additional Munsiff No. 4, Jaipur City, dismissed the injunction application by his order dated 7.10.87. The plaintiff-petitioner filed an appeal in the Court of District Judge, Jaipur City and that appeal was transferred for decision to the Court of Additional District Judge No. 2, Jaipur City. The learned appellate court has by its order dated 26.11.92 set aside the order of the trial court and has passed an order of injunction of which reference has been made hereinabove.;