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Showing contexts for: common plot in Administrator Of Ravinagar Malaji ... vs Owenr Of Chandramauli Coal Traders ... on 8 May, 2024Matching Fragments
1.2 Since the parties, facts, issues, land in question and the arguments are common, with consent of the learned advocates, both these appeals are heard and decided together by this Court today by this common order.
2. The brief facts of the present appeals are as under :
NEUTRAL CITATION C/SA/88/1997 JUDGMENT DATED: 08/05/2024 undefined 2.1 The appellants are the administrators of Ravinagar purchased land of Survey No.446 & 449 of village Vejalpur and it was divided in 13 final plots and each final plot was further divided in 9 sub-plots. In all 117 plots were made and allotted to the members and the holders of the plots have started the construction on the said plots. Out of the said plots, one final plot No.14 was kept for the common use of all the plot holders which was admeasuring 2000 sq.years and out of the said plot, 132 ft. land was gone into the road. The land in question would be the said common plot.
3. Heard learned advocates.
4.1 Learned advocate Mr. P.K. Shukla for learned advocate Mr. G.C. Ray for the appellants has submitted that the suit preferred by the wife of the respondent is not a house rent possession suit; and that both the Courts below have erred in holding that the amount of Rs.2,000/- paid by the respondent was paid towards the rent of the suit plot;
and that near tendering of any amount does not necessarily meant that the said amount was tendered towards the rent of the suit plot; and that both the courts below have erred in declaring that the plaintiff of the Regular Civil Suit No.908 of 1985 - tenant of the whole suit plot as the said plaintiff has pleaded for the injunction only in respect of the portion of the suit land, which was possessed by the said plaintiff and not in respect of the whole suit plot admeasuring 2000 sq.yrds.; and that the learned trial Court has no jurisdiction to hear and decide the civil suit/s; and that the suit plot is a common plot and therefore, the other side cannot be declared as tenant of the said plot in question.