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2010 Supreme(SC) 1359

R.V.RAVEENDRAN, K.S.RADHAKRISHNAN
M. P. Matsya Mahasangh – Appellant
Versus
Sudheer Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: K.K. Venugopal, K.V. Vishwanathan, Merusagar Samantaray, Vikramjit Banerjee, Gopal Sankarnarayan.
For the Respondents: P.P. Rao, Ravish Chandra Aggarwal, P.S. Narsimha, S. Chandra Shekhar, Manoj Kumar, Utsav Sidhu, Sampriti Phukan, Purushottam S.T.

ORDER :

1. Twenty suits were filed by the respective Respondents in these special leave petitions in the year 2001 before the District Court, Bhopal claiming declaration of title in regard to their respective portions of Khasra No. 39/1 Kotra Sultanbad, Bhopal which in all admeasures 6.80 acres and for consequential permanent injunction.

2. The Plaintiffs in the twenty suits (respective Respondents in these SLPs) claimed that the said land originally belonged to one Shahida Bano who sold it to Hakim Hamidullah Kureshi on 28.5.1953; that it was inherited by his niece Razia Bano. They all traced their title to the said Razia Bano, under various sale deeds. The Petitioner resisted the said suits contending that the land was a part of a Government land adjoining a fishery area fenced and transferred to MP Fisheries Development Corporation, who in turn delivered it to the Petitioner in or about the year 1999. According to the Petitioner, the Respondents were encroachers of Government land. After, receiving the evidence let in by both sides and hearing arguments, the suits were decreed in the year 2002. However, on appeals by the Petitioner, by judgment dated 26.12.2004, the decrees were s

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