ABDUL MUNIR KHAN Vs. GULZAR SINGH

JUDGEMENT

(1.) This is plaintiff's first appeal arising out of a suit preferred by the plaintiff-appellant against the defendant-respondents for possession before the trial Court in respect of possession of a piece of land described as plot No. 130 in Badodiya Basti, Jaipur.

(2.) In nutshell the case of the plaintiff-appellant is that he was in possession of a piece of land in said basti and subsequently this land was acquired by the then Urban Improvement Trust. The survey was carried out of the persons who were residing in the said basti in development process by the Urban Improvement Trust and thereafter allotment letters were issued to the occupants of the said basti and the plaintiff-appellant was for the first instance allotted plot No. 128 in the said basti which allotment was subsequently altered by correcting the number of the plot as plot No. 130. It is this plot No. 130 for the possession of which, the suit from which the present appeal arises has been filed.

(3.) The case of the plaintiff-appellant further was that this plot has been occupied and taken possession of by the defendants and the defendants have no right, title or interest on the same as such they are trespassers and the plaintiff-appellant had prior to the filing of this suit when the Urban Improvement Trust wrongly cancelled his allotment of plot No. 130 filed a suit against the UIT which was decreed and the cancellation of the allotment of plot No. 130 was set-aside. The UIT challenged the decree to the earlier suit but the same was maintained upto the High Court in second appeal and the cancellation of the allotment of plaintiff-appellant of plot No. 130 by the UIT was set-aside. Thus, the plaintiff based his suit on title of plot No. 130.