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1987 Supreme(SC) 547

M.M.DUTT, RANGANATH MISRA
Bruce – Appellant
Versus
Silva Raj – Respondent


ORDER

1. Appellant in Civil Appeal No. 1125 of 1973 by special leave was the plaintiff in a suit for declaration of title and confirmation of his possession in respect of a little more than three acres of land and for injunction. He got a decree from the trial court and the same was affirmed in appeal. The High Court in second appeal reversed the affirming appellate decree and dismissed the suit.

2. Special Leave Petition No. 143 of 1975 has also been filed by the plaintiff of Civil Appeal 1125 of 1973 and some others who were defendants in a suit for injunction brought by the respondents in respect of the very same property in the other litigation and some other properties. The trial court gave a decree but in appeal the suit was dismissed. The High Court in second appeal vacated the appellate decree and restored the original decree. Special leave petition is granted. Both the appeals were heard together.

3. In the suit for title and possession, a good number of documents evidencing transactions spread over half a century were relied upon to establish title. The claim in respect of possession was sought to be established through documents as also oral evidence. The defence was, inter







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