Narendra Kumar Jain, J. - (1.) Heard learned counsel for the parties.
(2.) This second appeal under Section 100 of the CPC is directed against the judgment and decree dated 19th of July, 1983 passed by the Additional District Judge No. 1, Jaipur City, Jaipur, in Civil Regular Appeal No. 78/80, whereby the appeal of the appellant was dismissed against the judgment and decree dated 21st of October, 1978 passed by the Additional Civil Judge, Jaipur City, Jaipur, in Civil Suit No. 161/71, whereby the suit of the plaintiff- respondent for declaration and permanent injunction was decreed.
(3.) The plaintiff-respondent filed at suit for declaration and injunction i against the Municipal Council Jaipur and other defendants including the State of Rajasthan wherein it was pleaded that the plaintiff is the owner of the house and the land thereunder bearing municipal number 1528 and situated at Chowk Mansharam Hajam, Jat-ka-kuaon- ka-rasta, Jaipur. It was pleaded in the plaint that originally Mansharam Hajam was the owner of the land on which this house is situated. This land was sold in court auction in a decree against Mansharam and Shri Nand Kumar, Durgabux Purohit purchased the same on Jeth Sudi 6th Samvat 1939. The plaintiff thereafter purchased this land by registered sale deed dated 22.2.1943 from Durga Bux Purohit with the some construction thereupon. The plaintiff thereafter obtained permission in the year 1956 and 1962 from the Municipal Council, Jaipur for construction of the house. In the year 1962 when the plaintiff was raising construction, the defendant Puranmal, Bhuramal, Bhonrilal and Jugal Kishore raised objection and filed an appeal under Section 170(12) of the Municipalities Act and also a revision under Section 285 of the said Act before the Collector, Jaipur. The Additional Collector, Jaipur, vide its order dated 6.11.1963 set aside the order dated 1.2.1962 passed by the Municipal Council, Jaipur. However, the order of the Additional Collector dated 6.11.1963 was set aside by the Revenue Board vide order dated 20.11.1967. Thereafter the plaintiff completed his construction but on 7.4.1969 Officers of the Municipal Council, Jaipur came on the site for demolishing the house and it was informed to the plaintiff that the State Government vide its order dated 15.11.1968 passed an order against the plaintiff and in these circumstances the present suit for declaration to declare the order of the State Government dated 15.11.1968 as illegal, was filed.;