C R DUDI Vs. S S ARYA

JUDGEMENT

(1.) THIS is a revision against the order of learned District Judge, Jaipur City, dated 13.12.96 by which he allowed the appeal against the order of learned Additional Civil Judge (J.D.) dated 6.11.96.

(2.) I have heard the learned Counsel for both the parties at length and have gone through the record.

(3.) IT was further averred in the plaint that Moti Bhawan Grah Nirmaan Samiti was having its land on western side. According to the plaintiff there was a street measuring 18'x136' on the western side which was to be kept open. The plaintiff further averred in the plaint that the petitioner defendant wanted to use this land and was trying to raise construction thereon. On 7.9.96 he came to the plaintiff and showed an allotment letter and insisted that he would raise construction on this part of the land. According to the plaintiff the land which the petitioner claims to be allotted to him is a part of a thorough lane which crosses even through plot No. 318 and then meets the main road. The litigation about that, piece of land was also pending before the civil court.