MUNICIPAL BOARD KOTAH Vs. ABDUL RASHID

JUDGEMENT

(1.) THIS is an application by the plaintiff respondent Abdul Rashid for rehearing of an appeal and arises under the following circumstances.

(2.) THE plaintiff filed the suit, out of which this application arises, for a declaration that the sale of certain land in front of his house by the Municipal Board, Kotah, was null and void as the said land belonged to the plaintiff. ' THE defendants resisted the suit and their contention was that the land belonged to the Municipality, and, therefore, it had the right to sell it. THE trial court dismissed the suit. THE plaintiff went in appeal to the District Judge, Kotah, who held that the land measuring 18 feet by 4 feet sold to the contesting defendant Rahim Bux belonged to the plaintiff and consequently he gave a declaration that the sale of the said land to the defendant aforesaid was illegal. THE defendants then, came up to this Court in second appeal which came for hearing before a learned single Judge, and the appeal was allowed and the suit was dismissed by a judgment dated the 16th January, 1958.