MANOHAR PERSHAD
Fakrullah Khan – Appellant
Versus
Perka Pocha – Respondent
( 2 ) THE predecessors-in-interest of the appellants filed a suit for declaration of title and recovery of possession alleging that he was the owner enjoying the suit lands till 18th August, 1960, when he was dispossessed by the defendants. The defendants denied that the predecessors-in-title of the appellant, Murad Khan, was the owner and in possession of the suit lands and stated that they were the owners and were in possession in their right. They inter alia denied that they had dispossessed the plaintiff. The trial Court found that the title and possession of the plaintiff was proved. It also found that the defendants have wrongfully dispossessed the plaintiff.
( 3 ) IN the result, the trial Court decreed the suit for declaration of title and recovery of possession. Against the judgment and decree of trial Court, the defendants went in appeal. The appellate
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