NATHDWARA TEMPLE BOARD THROUGH ITS CHIEF EXECUTIVE OFFICER Vs. BANSHI LAL RATHI
LAWS(RAJ)-2018-2-210
HIGH COURT OF RAJASTHAN
Decided on February 09,2018

Nathdwara Temple Board Through Its Chief Executive Officer Appellant
VERSUS
Banshi Lal Rathi Respondents

JUDGEMENT

Arun Bhansali, J. - (1.) This revision petition is directed against order dated 20.11.2017 passed by Civil Judge, Nathdwara, District Rajsamand, whereby, the application filed by the petitioner under Order VII, Rule 11 CPC has been rejected.
(2.) The respondent-plaintiff filed a suit for permanent injunction against the petitioner Board, inter alia, with the prayer that petitioner-defendant be directed not to interfere in the use of lease hold shop for a period of 37 years and not to evict the plaintiff from the shop.
(3.) The petitioner filed an application under Order VII, Rule 11 CPC with the averments that the suit was barred under provisions of Rajasthan Public Premises (Eviction of Unauthorized Occupants) Act, 1964 ('the Act of 1964') and, therefore, the plaint be rejected.;


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