(1.) The first appeal filed under Section 96 of CPC by the appellants defendants arises out of the judgment and decree dated 18.07.1995 passed by the Additional District Judge No.3, Jaipur City, Jaipur (hereinafter referred to as 'trial Court') in Civil Suit No. 24/1995 whereby, the trial Court has decreed the suit of the plaintiffs-respondents seeking possession and mandatory injunctions in respect of the suit property.
(2.) The short facts giving rise to the present appeal are that the respondents-plaintiffs had filed the suit seeking possession of the suit property as well as for the mandatory injunction alleging interalia that the suit plot situated at Madhav Nagar Colony, opposite Durgapura, Railway Station was purchased by the plaintiffs from the defendant No.4 Madhav Nagar Grih Nirman Sahkari Samiti Limited, Jaipur and that the appellants-defendants taking undue advantage of the absence of the respondents- plaintiffs had encroached upon the said land and put up illegal construction thereon. According to the respondents-plaintiffs, they had also given notice to the appellants-defendants for handing over the possession of the said plot, however, the appellants did not hand-over the possession and hence, the suit was filed. The said suit was resisted by the appellants-defendant Nos. 1 and 2 by filing written statement denying the allegations made in the plaint and further contending inter alia that the suit plot was allotted to the said defendants by Tagore Nagar Girh Nirman Sahkari Samiti Limited on 20.07.1986 and that the said society had also handed over the possession of the said plot, on which the said defendants had put up the construction. It was also contended that the dispute raised by the respondents-plaintiffs being covered under Sections 75 and 137 of Rajasthan Cooperative Societies Act, the civil court had no jurisdiction to entertain the suit. The defendant-respondent No. 4 Madav Nagar Grih Nirman Sahkari Samiti Limited, Jaipur had also filed the written statement contending inter alia that the suit plot was allotted by the said society to the plaintiffs and the possession thereof was also handed over to the plaintiffs :
(3.) The trial Court from the pleadings of the parties had framed the following issues :-
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN