CHHITARMAL OM PRAKASH Vs. MUNICIPAL COUNCIL AJMER

JUDGEMENT

(1.) This is a plaintiffs revision against the order of the learned Additional Civil Judge, Ajmer dt. 12-1-1983, whereby he allowed the application of non-petitioner Gagan Das under O.1, R.10, C.P.C.

(2.) Non-petitioner Gagan Das filed an application on 27-1-1982 during the proceedings of Civil Suit No. 4/82 that the plaintiff M/s. Chhitar Mal Om Prakash was given two shops of Nos. 73 and 116 by the Municipal Council, temporarily on the condition that as soon as godown No. 26 is taken possession of by the plaintiff, he would hand over the possession of these shops to the Municipal Council, Ajmer. Although the plaintiff has constructed godown No. 26, but he has not handed over possession of the shops to the Municipal Council. It was further alleged that the plaintiff is aware that these two shops are to be given to applicant Gagan Das in view of the agreement between Gagan Das and the Municipal Council, Ajmer. It was alleged that it is on account of this the plaintiff deliberately did not implead Gagan Das as party. Applicant Gagan Das alleged that he remained in possession on property No. 600 from 1961 to 1974, constructed two godowns and paid house-tax. But the Municipal Council Ajmer allotted this land to Super Bazar and in lieu of that the Municipal Council, Ajmer allotted Shops Nos. 73 and 101 to the applicant in Anaj Mandi. It was alleged that he has withdrawn the civil suit, which he filed against the Municipal Council.

(3.) It was pointed out that this very plaintiff earlier also filed a suit before the Munsiff (West), Ajmer for injunction but that was dismissed and the appeal was also dismissed and so also the revision by the High Court.