MOHD.YAMIN,J. - (1.) THIS is a revision against the order of learned District Judge, Jaipur City, dated 13.12.96 by which he allowed the appeal against the order of learned Additional Civil Judge (J.D.) dated 6.11.96.
(2.) I have heard the learned Counsel for both the parties at length and have gone through the record. Plaintiff Capt. C.R. Dudi filed a civil suit along with an application under Order 39 Rules 1 and 2 CPC. His case was that one Baijnath Sharma had purchased plot, described in para No. 2 of the plaint from Sanyukt Grah Nirmaan Samiti, Jaipur. He obtained allotment letter as well as site plan as well as obtained the possession of the plot. This plot measured 456 sq. yard. The plaintiff purchased the same from Shri Baijnath Sharma through agreement dated 26.7.91 @ Rs. 300/ - per sq. yard and advanced Rs. 5,001/ -and obtained possession thereof. The plaintiff was in possession of the said plot. He constructed a number of rooms, obtained electric connection and started a Milan Garden Restaurant. He also obtained a licence from the Excise Department in order to run Beer Bar. The allotting society was found involved in illegal activities and it was also found that it had cheated so many members. Its office bearers absconded. Consequently the co -operative department appointed an Administrator in order to look after the affairs of the society.
(3.) IT was further averred in the plaint that Moti Bhawan Grah Nirmaan Samiti was having its land on western side. According to the plaintiff there was a street measuring 18'x136' on the western side which was to be kept open. The plaintiff further averred in the plaint that the petitioner defendant wanted to use this land and was trying to raise construction thereon. On 7.9.96 he came to the plaintiff and showed an allotment letter and insisted that he would raise construction on this part of the land. According to the plaintiff the land which the petitioner claims to be allotted to him is a part of a thorough lane which crosses even through plot No. 318 and then meets the main road. The litigation about that, piece of land was also pending before the civil court.;