- (1.) This appeal arises out of order dated 13.12.05 passed by the Addl. District & Sessions Judge No. 3, Jaipur City, Jaipur, whereby the learned Judge has dismissed the application for temporary injunction under Order 39, Rules 1 and 2 of the Code of Civil Procedure (henceforth to be referred to as 'the Code' for short). This case has a long and a chequered history as two different streams of facts mingle into a single pool of factual matrix. The dispute is with regard to the land of Khasra No. 178 and 191 situated at village Heerapura on Ajmer Road at Jaipur. The said land measures 7 Bighas and 15 Biswas. The said land was owned by one Shri Swaroopa @ Ramswaroop. On 1.4.75 Swaroopa @ Ramswaroop alongwith his sons executed an agreement to sell with regard to the said land and with regard to other parcels of land in favour of Anand Bhawan Grih Nirman Sehkari Samiti Ltd. (henceforth to be referred to as 'the Housing Society', for short). On 23.9.81 Swaroopa's sons Madan Lal, who was authorised persons on behalf of Khatedar and his family, executed an agreement with the Housing Society in consequence of the agreement to sell dated 1.4.75. According to the said agreement part payment amounting to Rs. 5,28,000/-, was paid by cash and cheque by the Housing Society. Subsequently, the Housing Society carved out a residential scheme in the name of Tagore Nagar and allotted plots to its members.
(2.) On 26th December, 1981, the State Government published Rajasthan Land Revenue (Allotment, Conversion and Regularisation Agricultural Land for Residential and Commercial Purposes in Urban Areas) Rules, 1981 (henceforth to be referred to as 'the Rules of 1981' for short). As the name applies, the said Rules governed the conversion of agricultural land for residential and commercial purposes and their regularisation by the appropriate authority. In 1982 the Jaipur Development Authority Act, 1982 (henceforth to be referred to as 'the Act of 1982', for short) was promulgated. The said Act created the Jaipur Development Authority (henceforth to be referred to as 'the JDA', for short). According to the said Act of 1982, the entire land of 'Jaipur region' falls within the jurisdiction and purview of the JDA. Since the land of the Housing Society was to be converted and regularised in accordance with Rules of 1981, the Housing Society submitted its plan to the JDA. After giving a technical approval to the Scheme of the Housing Society, the JDA sent the record of the society to the office of the Sub-Divisional Officer (Conversion). On 20.12.83, the Sub-Divisional Officer (Conversion) issued interim orders of conversion in favour of individual plot holders. Since the society had submitted its scheme to the JDA, on 16.5.84, the said scheme was provisionally approved by the JDA.
(3.) However, as the original Khatedars did not enter into a sale deed on the basis of the agreement to sell dated 1.4.75, the Housing Society filed a suit for specific performance against Swaroopa and his sons. But, as the agricultural land was being used for a non-agricultural purposes, on 25.7.84, the Patwari Halka submitted a report before the Tehsildar regarding the non-agricultural usage of Khasra No. 191 and 178 measuring 7 Bighas and 15 Biswas. On perusal of the said report, the Patwari initiated proceedings under Section 90A of the Rajasthan Tenancy Act, 1956 (henceforth to be referred to as 'the Act of 1956', for short). The Tehsildar issued notices to Swaroopa and his sons. But, despite the service of notice, neither Swaroopa nor his sons appeared before the Tehsildar to file their written statement. Therefore, vide order dated 9.8.84, the Tehsildar determined the Khatedari rights of Swaroopa in khasra No. 178 and 191 and vested the same in the Government. Thereafter, the said land was declared as "Sawai Chak". Similarly, vide order dated 12.10.84, the Tehsildar determined Khatedari rights of Swaroopa in Khasra Nos. 152 and 191 and vested the same with the Government Likewise, vide order dated 23.10.84, the Tehsildar determined the Khatedari rights of Shri Swaroopa in Khasra Nos. 148, 149, 190 to 197, 180, 186 and 187 and vested the said land with the Government. Therefore, vide order dated 5.11.85 all these lands comprising of all these Khasras were entered in the revenue record as "Sawai Chak" land and were declared to have vested with the JDA.;