(1.) JUDGEMENT :- This is a second appeal directed against the judgement and decree of Civil Judge, Jaipur Distt. Jaipur reversing the decree passed by Munsif, Bandikui and decreeing the suit of the plaintiff-respondents for injunction.
(2.) The plaintiff-respondents are tenants of shop No. 57 situated in the grain-market known as 'Madhu Ganj' in Bandikui town. The said shop formerly belonged to the erstwhile Jaipur State and now, after formation of the State of Rajasthan, it belongs to the State of Rajasthan. There is an open piece of land measuring 30' x 13' in front of the said shop to its East. Towards the North of the said shop, there is a Government building known as 'Rahdari' having a window and a small door 'Pai'. The said building had been purchased by the defendant-appellants. The plaintiffs have been using the open plot of land in front of their shop for stocking and exhibiting the grains in which business they are dealing for the last 45 years. The defendant Nos. 1 to 4 have made some constructions in the adjoining building after purchasing the same and they proposed to construct shops towards the disputed land and open doors in the southern wall, with a view to get passage over the disputed land and if not prevented, they would interfere with the plaintiffs' right of enjoyment of their shop and open land in front of it. Therefore, the plaintiffs filed the present suit for a perpetual injunction restraining the defendants from opening any door in the southern wall of their building.
(3.) The suit was contested by the defendants Nos. 1 to 4. They have denied that plaintiffs have been using the disputed open plot as alleged in the plaint. They have submitted that it was an open land which was being used by public as a common passage. They have further submitted that the Government of Rajasthan was a necessary party and the Court-fees paid was insufficient.