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1975 Supreme(Pat) 103

HARI LAL AGRAWAL
Nagar Khan – Appellant
Versus
Gopi Ram Agarwala – Respondent


Judgment

1. The plaintiffs appellants is in this second appeal had instituted a suit for possession after declaration of their title with respect to a small strip of land measuring 1 1/2 decimals only appertaining to Plot No. 420, Khata No. 130 of village Ramgarh, described in Schedule A of the plaint.

2. The plaintiffs case is that they purchased the suit land for a consideration of Rs. 4,000.00 under two registered sale deeds dated the 18th July, 1960 (Exts. 1 and 1-a) from one Lakhan Sao in pursuance of an agreement dated the 11th November, 1959 and claim to have come in possession over the same. In each of the two sale deeds, although the boundary is the same, the area mentioned is 3/4 decimal. According to the finding recorded by the Courts below, on the basis of the materials on the record, particularly a pleader commissioners report, the area of the land within the boundaries, as mentioned in Schedule A of the plaint as well as in the sale deeds, is approximately 6 decimals. The land has been shown to be bounded on the north by Gola Road, on the south by the land of the plaintiffs, on the east by the house of the defendant, Gopi Ram Agarwala, and on the west by a lane and the












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