DURGA SHANKAR Vs. THAKURANI SMT. PREM KUMARI

JUDGEMENT

(1.) This appeal under Sec. 18 of the Rajasthan High Court Ordinance 1949 is directed against the judgment/decree dtd. 29/5/1997 passed by the learned first appellate Court whereby, the appeal of the appellants has been dismissed and the judgment/decree of the trial Court has been affirmed, dismissing the suit of the appellant.

(2.) The appellants filed a civil suit no. 165/1967 [30/1995] on 17/3/1967 in the Court of Munsif (East) Jaipur City. Appellants/plaintiffs filed suit under Order 1 Rule 8 CPC in the nature of representative suit on the pleadings inter alia that Thakur Raj Singh, husband of defendant-Prem Kumari was Jagirdar of Thikana Chomu known as Chomu Compound/Chomu Bagh. Thakur Raj Singh intended to develop a new colony in the Chomu Bagh land and with this intention, he submitted map and layout plan before the Nagar Palika, Jaipur and Urban Development Trust, Jaipur. The assurance in writing was submitted that towards development of colony, proper arrangements for road, electricity, water connection and children park would be suitably made by surrendering land for such common use. On submission of such layout plan and assurance, permission for development of colony was sought. It was further pleaded that on the basis of the application and the map/layout plan submitted by Thakur Raj Singh, Municipality and UIT allowed construction and development with slight changes and modifications in the proposed map regarding width of the road. It was further pleaded that the portion of land described A, B, C, D, Circle X and Triangle Y in the map appended with the plaint were surrendered for public use and for the facility of the colony. According to the plaintiffs, in the map, A, B, C, D was proposed to be surrendered for development of garden, whereas, Circle X which was proposed to be surrendered for common use, comprised of a Shiv temple standing on a square shaped platform. Further pleading was that Thakur Raj Singh gave such assurance of development of colony and on such assurance, sold out plots to plaintiffs and other persons that area A, B, C, D, Circle X and Triangle Y and well, fountain, "hauj", fencing, temple and open spaces shall remain available for open use and the same will not be transferred. It was also assured that proper development of the colony by providing electricity, water facility, roads, children park would also be done. This was also described in the sale deeds of the plaintiffs and other purchasers. On such assurance, plaintiffs purchased plots No.D63 and D41. After Thakur Raj Singh died on 5/3/1963, the legal representatives-defendants no. 1 and 2, against the scheme of development of the colony and the written and oral assurance held out by Thakur Raj Singh with regard to land in dispute, have sold a part of the land comprised in Circle X and Triangle Y, as shown in the map, to defendants no. 3, 5 and 6 and are attempting to dispose off other part of the disputed land comprised in the area A, B, C, D, Circle X and Triangle Y. On such pleadings, plaintiffs prayed for declaration that the sale deed executed on 6/4/1966 in favour of defendants no. 3, 5 and 6 be declared as illegal and inoperative. Plaintiffs also prayed for decree of permanent injunction that defendants no. 1 and 2 be restrained from changing the nature of the land in dispute or altering the land in dispute, in any manner, and they be also restrained from transferring land in dispute to third parties. Plaintiffs also prayed for mandatory injunction for development of the colony as per the approved scheme and make necessary arrangements for roads, children park, water, electricity connection etc.

(3.) Later on, in response to the defendants application for providing proper particulars and facts of the case, plaintiffs further pleaded that Thakur Raj Singh had submitted an application on 1/1/1958 before the Nagar Palika, Jaipur and an application dtd. 8/2/1960 before UIT, Jaiur. The map was approved on 8/4/1961 by UIT which was accepted by Nagar Palika on 26/3/1963. The plaintiffs and other persons, at the time of sale of land to them by Thakur Raj Singh, were also given assurance for development of the area as per the approved plan.