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1996 Supreme(Pat) 366

P.K.DEB
Maan Kaurand Anisur Rahman – Appellant
Versus
Rizwanur Rahman – Respondent


Judgment

P.K.Deb, J.

1. Both these appeals are taken up together for disposal as they arise out of the common judgment passed by the Additional Judicial Commissioner, Ranchi, in Title Appeal No. 106/1975 and Title Appeal No. 124 of 1975. The plaintiff-respondent No. 1 namely, Bilquin Jamai Begum filed Title Suit No,, 192/21 of 1972/75, before the Subordinate Judge, Ranchi, for a decree for demolition of the top projections over the windows of defendant No. 1s building on the first floor and for closure of all openings on the ground floor and first floor of the defendant No. 1s building on the northern wall and also prayer has been made for perpetual injunction against both the defendants restraining them from tress-passing upon the plaintiffs passage. The suit was contested by both the application who were defendant No. 1 and 2 in the original suit by filling separate written statements. Defendant No, 2 Sardar Darshan Singh is admittedly a tenant in a portion of the building belonging to defendant No. 1 while he is also a tenant in another building just opposite to gate of the plaintiff under the plaintiff.

2. Plaintiffs case is that the acquired two pucca buildings together with s













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