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1971 Supreme(SC) 549

K.S.HEGDE, A.N.GROVER, H.R.KHANNA
Babu Sukhram Singh – Appellant
Versus
Ram Dular Singhs – Respondent


Judgment

HEGDE, J. :- This is a plaintiff s appeal. In the suit he asked for a permanent injunction against the 39 defendants therein directing them to demolish the construction in dispute on the land mentioned in Item (B) of the plaint, within the time fixed by the Court. He further sought a direction from the Court against all the defendants to fill up the pits and nalahs on the land mentioned in Item (B) of the plaint. In the alternative, he wanted the work in question to be done through the Court Amin at the cost of the defendants. The second prayer made by him is for a decree for possession of the disputed lands against all the defendants. The third prayer made in the plaint is for a decree in a sum of Rupees 1000/- against all the defendants as damages. He also prayed for a decree for costs against all the defendants.

2. The trial Court dismissed the suit in its entirety. The first appellate Court partly allowed the appeal and decreed the suit in part against all the defendants. On a further appeal being taken to the High Court the High Court allowed the appeal of the defendants and dismissed the suit. As against the judgment of the High Court the plaintiff-appellant brought th



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