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1984 Supreme(Pat) 66

S.B.SANYAL, S.SHAMSUL HASAN, LALIT MOHAN SHARMA
Haribans Singh – Appellant
Versus
Basist Kumar – Respondent


Judgment

LALIT MOHAN SHARMA, J.

1. The suit out of which this appeal arises, was filed by the plaintiff-appellant for (a) recovery of possession for portion of land delineated by letters ABCD and ACEF, sketch map attached to the plaint, forming part of S.P. 347. (b) removal of encroachment from public land S.P. 354, shown as GHIJ and (c) closure of the door opened by the defendant-respondent at point I shown in sketch map, as the same violated plaintiffs privacy as well as for injunction. The defendants denied the claim and contested the suit.

2. The trial court dismissed the suit so far it related to prayers (a) and (b) but allowed the prayer (c).

3. The plaintiff preferred Title Appeal No. 42/65 for relief sought in prayers (a) and (b) and the defendant also preferred another appeal being T. A. No. 43/65 so far prayer (c) was concerned. The two appeals were heard together by 2nd Additional Sub-Judge, Sasaram, who dismissed plaintiffs appeal 42/65 and allowed defendants appeal No. 43/65 and thus dismissed the suit in its entirety. The plaintiffs have thereafter filed the present second appeal challenging the decision in both the title appeals and praying for a full decree in the su
















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