MOTILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is the plaintiffs second appeal from the judgment of the learned Senior Civil Judge No. 2, Jaipur City dated 15 -2 -66 by which the plaintiff's appeal was dismissed - as having abated as a whole.

(2.) THE plaintiff's filed the suit out of which this appeal arises on 4 -6 -1960 in the Court of Munsiff West, Jaipur praying that a declaration may be granted that the State of Rajasthan and the Urban Improvement Board, Jaipur (defendants Nos. 1 and 2) had no right to demarcate, allot and/or sell the plots in question, situated towards the south of the plaintiff's plot on Kacha Banda Road in Bani Park, and that the allotment and sale of the plots made to defendants Nos.3 to 9 be declared void and these defendants Nos. 3 to a further be restrained by a perpetual injunction from making construction on the plots Nos.H.7/to H.77 allotted or sold to them. The suit was opposed by all the defendants except the defendants Nos.7 and 9.

(3.) AGGRIEVED by the judgment and decree of the learned Munsiff the plaintiff's filed appeal in the Court of the District Judge, Jaipur which came up for disposal before the Senior Civil Judge No.2 Jaipur City.