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1985 Supreme(Pat) 7

M.P.VARMA
Naresh Ahir – Appellant
Versus
Barhiya – Respondent


Judgment

1. This second appeal is against the judgment of reversal of the trial court judgment by the lower appellate court. The defendants first set of the suit are the appellants. The plaintiffs respondents had brought the suit for declaration of title and confirmation of possession in respect of the suit properties and in the alternative they also sought relief for recovery of possession.

2. The facts leading to the case are that the land stood recorded in the name of Kauleshwar Bind and the plaintiffs claimed title from him. According to their case the name of Kauleshwar Bind stood recorded in the cadestral survey. Kauleshwar Bind was grandfather of Ramu Bind, who was married to plaintiff No. 1 Barachia and was great grandfather of plaintiff No. 2. After the death of Ramu Bind plaintiffs came in possession of the suit land. Since they had good relation with the ex-landlord and were rendering services to him, no rent receipt was ever obtained, as they did not consider it necessary, but they continued to exercise peaceful possession over the suit property. It was in Magh 1370 fasli that the defendants first party prevented the plaintiffs from harvesting. Hence, the necessity of th




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