KHATIM REZA
Chairman, NJMC Ltd. (Govt. of India Undertaking) – Appellant
Versus
Umesh Kumar Chamaria, Son of Moti Lal Chamaria – Respondent
JUDGMENT :
(Khatim Reza, J.) :
Heard Mr. Shekhar Singh, learned counsel for the appellants, Mr. Chitranjan Sinha, learned senior counsel for respondent nos.1 to 4 and Mr. Pradeep Kumar, learned counsel for respondent no. 5 – Union of India.
2. The present appeal has been preferred against the judgment and decreed dated 30-4-2019, passed by learned Sub-Judge-VI, Katihar in Title Suit No. 158 of 2011, whereby the learned Trial Court has decreed the suit on contest but without cost, and declared that the plaintiffs are having a perfect and valid right title and interest over the suit land, and the defendants and their employees, servants, assignee were restrained permanently from interfering the peaceful possession of the plaintiffs over the suit land.
3. Defendants No. 2 and 3 are the appellants, and Plaintiffs are respondent nos. 1 to 4. Defendant No. 3 is the respondent no 5.
4. The plaintiffs filed the aforesaid Title Suit for declaration of title and confirmation of position of the suit land and also for decree of permanent injunction for restraining the defendants from interfering into the peaceful possession of the plaintiffs over the suit lands.
5. As per the case of the plaint
Niranjan Agarwalla Vs. Union of India reported in AIR 1960 Cal 391
Vishwa Vijay Bharti Vs. Fakhrul Hassan & Ors. reported in (1976) 3 SCC 642
Ravinder Kaur Grewal and others Vs. Manjit Kaur and others reported in (2019) 8 SCC 729
Janki Vashdeo Bhojwani and another Vs. Indusind Bank Ltd. And others reported in 2005 (2) SCC 217
Ravi Yashwant Bhoir Vs. District Collector
Nand Kumar Rai & others Vs. State of Bihar & others reported in AIR 1974 Pat 164
Mohan Lal (deceased) through his Lrs. Kachru and Others versus Mirza Abdul Gaffar and Another
Daya Singh and another vs. Gurdev Singh (Dead) by LRS. And others reported in (2010) 2 SCC 194
Narshing Mishra & Another Vs. Rajendra Mishra & ors. reported in (2009) 2 PLJR 1028
State of H. P. Vs. Keshav Ram & others reported in (1996) 11 SCC 257
Suraj Bhan & others Vs. Financial Commissioner & others reported in (2007) 6 SCC 186
Faqruddin v. Tajuddin (2008) 8 SCC 12
Rajinder Singh v. State of J&K
Municipal Corporation, Aurangabad v. State of Maharashtra
T. Ravi v. B. Chinna Narasimha
Bhimabai Mahadeo Kambekar v. Arthur Import & Export Co. (2019) 3 SCC 191
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