SANJAY BHANSALI Vs. JAIPUR DEVELOPMENT AUTHORITY AND ORS.

JUDGEMENT

(1.) A challenge has been laid by the appellant-plaintiff (hereinafter 'the Plaintiff') to the judgment and decree dated 23-11-1998 passed by the Additional District Judge No.4, Jaipur city, Jaipur in Appeal No.58/1996 dismissing the plaintiff's appeal and affirming the judgment and decree dated 7-9-1996 passed by the Civil Judge (Junior Division) Jaipur City (East) Jaipur in civil suit No.847/1990 dismissing the suit for permanent injunction.

(2.) The plaintiffs filed a suit for permanent injunction claiming that plot No.J-50 Sarojni Marg was originally allotted to one Umaro Singh in the year 1959 by Urban Improvement Trust Jaipur. By further sales its ownership came to one Hukmraj Bhansali, plaintiff's father, on 14-12-1977 through a registered sale deed. It was stated that a strip of land was situate immediately behind the said plot going upto a drain, which was being enjoyed by the plaintiff and owners of plot No.J-50 aforesaid. It was stated that the defendant JDA (hereafter 'JDA') was determined to demolish the existing constructions over plot No.J-50 and dispossess the plaintiff from the strip of land behind the said plot.

(3.) Despite service of notice on the plaint, the defendants Jaipur Development Authority (JDA) nor the other did file written statement and were made ex-parte and so remained during the trial. The plaintiff examined himself and produced ten documents in support of his case.