ABDUL LATIF Vs. NAGAR VIKAS PRANYAS UDAIPUR

JUDGEMENT

(1.) The plaintiffs are aggrieved against the dismissal of his suit for permanent injunction against respondent Urban Improvement Trust, Udaipur by the trial court by judgment and decree dated 22.11.1979.

(2.) The appeal against the judgment and decree of the trial court dated 22.11.1979 too was dismissed on 25.10.1983. However, while dismissing the appeal, the appellate court observed that since the plaintiffs are in old possession of the suit property, therefore, it is expected from the U.I.T., Udaipur to follow the due process of law in case they found it appropriate to evict the plaintiffs from the suit property.

(3.) The grievance of the appellant-plaintiffs is that the appellantsplaintiffs acquired title, at least by long settled possession, therefore, they cannot be evicted from the suit property by any one. By allowing the U.I.T., Udaipur to evict the appellants-plaintiffs, the courts failed in recognising plaintiffs' title in the property in dispute.