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1963 Supreme(Pat) 127

A.B.N.SINHA, R.K.CHOUDHARY
Punit Rai – Appellant
Versus
Mohammad Majid – Respondent


Judgment

1. Both these appeals arise out of the same suit. The plaintiff is the Secretary of an institution known as Yatimkhana Anjuman Khadimul Islam, Patna City. He instituted the suit, out of which these two appeals arise, on behalf of the institution, for declaration of its title to and for confirmation or, in the alternative, recovery of posession over about 10 Bighas of land described at the foot of the plaint by letters A, B, C and D. The claim of the plaintiff is that municipal plots Nos. 407, 408, 409 and 410 of ward No. 26, within Patna Municipal Corporation, having an area of 1 Bigha 5 Kathas, belonged to it, and the suit land, measuring about 10 bighas, lying adjacent north of these plots, has vested in it as having been annexed to them by gradual and imperceptible accretion. As the defendants interfered with the possession of the plaintiff, the plaintiff had to institute the suit for the reliefs stated above. The suit was mainly contested by defendants 11 to 13 and defendants 14 and 15. Both sets of the defendants filed separate written statements, but their pleas in defence were practically the same. Their picas, so far as are relevant for the purposes of these appeals














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