SHANTI DEVI Vs. URBAN IMPROVEMENT TRUST

JUDGEMENT

(1.) THESE four revision petitions involve common question of law and facts and, therefore, for convenience,' they are disposed of by this common order.

(2.) THESE revision petitions under Section 115 of the Code of Civil Procedure are filed by plaintiff petitioners against the orders dated 7.8.200l passed by learned Addl. Civil Judge (Jr. Div.) and Judicial Magistrate No. 1, Jodhpur (hereinafter referred to as 'the trial Court') in Civil Original Suits No. 97/98, 95/98, 98/98 and 96/98 filed by Smt. Shanti Devi, Smt. Jyoti Devi, Smt. Kanti Devi and Smt. Laxmi Devi respectively against the respondent Urban Improvement Trust, Jodhpur (for short the U.I.T.) where by the trial Court dismissed the applications filed by aforenoticed plaintiff petitioners under Order 11 Rules 12 and 14 read with Section 151, C.P.C.

(3.) IT is contended by learned Counsel for the petitioner that under Section 72 of the Urban Improvement Trust Act, 1959 (for shot 'the Act'), it is mandatory that for construction of a building on the land falling within the jurisdiction of respondent U.I.T., a written permission/sanction for the construction of the building is obtained. It is further contended that the plaintiff petitioners applied for permission to construct the building but same has not been granted by the respondent U.I.T. by a written order. However, there is a provision in the Act that if permission is not granted within stipulated period, permission would be deemed to have been granted. The plaintiff petitioners by applications sought production of documents, which they alleged to have filed alongwith the application seeking permission to construct the building.