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2013 Supreme(Pat) 1074

MUNGESHWAR SAHOO
State of Bihar – Appellant
Versus
Karu Chaudhary – Respondent


Advocates:
For the Appellants : M/s Kundan Bahadur Singh, Neeraj Kumar.
For the Respondents: M/s Rajendra Narayan, Dr. Manoj Kumar, Sweeti Singh.

MUNGESHWAR SAHOO, J.:–The defendants-appellants-appellants have filed this Second Appeal against the judgment and decree dated 23.02.1999 passed by the learned 6th Additional District Judge, Bhagalpur in Title Appeal No.96 of 1997 whereby the learned Lower Appellate Court dismissed the appeal and confirmed the judgment and decree dated 26.07.1997 passed by the learned 1st Additional Munsif, Bhagalpur in Title Suit No.174 of 1993.

2. The plaintiffs-respondents filed the aforesaid suit praying for declaration of title on the suit property and for making correction in the khatiyan in which the name of appellant no.2 i.e. Chikitsa Mahavidyalaya has been entered. A relief was also claimed for permanent injunction restraining the State of Bihar from interfering the possession of the plaintiffs over the suit property. The plaintiffs claimed the aforesaid relief alleging that the plaintiff is residing in the suit property after constructing a house since last 60 years i.e. from his fathers, as such, the plaintiffs have acquired title by adverse possession. The encroachment case was filed against the plaintiffs wherein after hearing the plaintiffs, the concerned authorities declared the plai



















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