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2001 Supreme(SC) 996

B.N.AGARWAL, V.N.KHARE
T. Sundaram – Appellant
Versus
Basheer Unnissa Begum – Respondent


ORDER

In the decree passed on 31st July, 1965 in original suit No. 1801/63, the plaintiff-appellants were held to be the owners of the schedule A property. On 9th September, 1974 defendant-respondent No. 1, herein purchased schedule B property, which was situated towards the west of schedule A property. It is alleged that defendant-respondent No. 2, who is the husband of defendant-respondent No.1 trespassed over the schedule A property, belonging to the plaintiff-appellants. It is also alleged that after taking possession, certain construction was made over the said portion of schedule A property. It is under such circumstances, the plaintiff-appellants instituted a suit for recovery of possession after removal of the super-structure constructed by the defendant-respondents. A prayer for perpetual injunction was also sought for. On 25th April, 1980 the plaintiffs suit was decreed, as prayed for in the suit. Against the said judgment of the trial court, the defendant-respondents preferred an appeal before the first appellate court. The first appellate court while substantially affirming the decree of the trial court, took the view that the plaintiff-appellants can be compe





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