ARUN BHANSALI,J. - (1.) This appeal is directed against the order dated 28.01.2017 passed by the Additional District Judge No. 2, Abu Road, whereby the application filed by the appellant under Order 39, Rule 1 and 2 CPC has been rejected.
(2.) The appellant filed a suit for permanent injunction against the respondent with the averments that a land admeasuring 6 Feet X 8 Feet was allotted to the appellant on licence. The appellant placed her Cabin at the said place with the permission of the respondent and after the period of licence was over, the appellant continued to pay the enhanced licence-fee. Whereafter, when orally she was required to vacate the premises, the suit was filed seeking permanent injunction on the ground that as the respondents have accepted the enhanced licence-fee, the appellant cannot be evicted. During the pendency of the suit, an application under Order 7, Rule 11 CPC was filed by the respondent based on the provisions of the Rajasthan Public Premises (Eviction of Unauthorized Occupants) Act, 1964 ('the Act'). The trial court accepted the application filed by the respondents and rejected the plaint.
(3.) Feeling aggrieved, the appellant filed first appeal. Alongwith the appeal, an application under Order 39, Rule 1 and 2 CPC was filed, inter alia, with the averments that the respondent was auctioning the site in question and, therefore, it be restrained from doing so.;