RAM CHANDER Vs. NAGAR NIGAM

JUDGEMENT

(1.) Delay condoned. The petitioners claiming to be tenants in relation to the property in dispute averred that they were paying a rent of Rs 300 per month vide rent deed dated 28-10-1991, with Respondents 2 and 3.

(2.) There was dispute whether the premises were under the management of these two respondents or was it the property of Nagar Nigam, Jaipur. The suit was filed for declaration and injunction and an application for interim injunction was also filed. Vide order dated 30-5-2000, the injunction was granted in their favour. The appeal against the said order was accepted by the Additional District and Sessions Judge, Class VII, Jaipur Nagar, Jaipur vide his order dated 19-10-2006 and the order of the trial court dated 30-5-2000 was set aside. The application for injunction stood dismissed. Against this order, the civil revision was filed by the petitioners which also came to be finally dismissed vide order dated 1-11-20061.

(3.) The High Court found that the order of the District Judge was not only well reasoned but correctly appreciated the principles which would govern the dispute between the parties. The courts returned the finding that the trial court had ignored the fact that the Nigam possessed the full right to get the disputed chabutra vacated and had there been any tenancy, the same stood terminated as back as in the year 1987. The property was encroaching upon the road as is evident even from the photographs filed before us including Ext. P-1.