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2014 Supreme(Chh) 296

SANJAY K.AGRAWAL
Yuvraj – Appellant
Versus
Gram Panchayat Dudhli Vikaskhand – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Anil Pandey, Advocate

JUDGMENT

Sanjay K. Agrawal, J.

1. The substantial question of law formulated and to be answered by this Court in Plaintiff's second appeal is as under:--

"Whether the First Appellate Court was justified in reversing the finding of the trial court in as much as holding that the civil suit filed by appellant/plaintiff was not maintainable?"

[For sake of convenience, the parties would be referred hereinafter as per their status shown in the suit before the trial Court]

Sans unnecessary details, the facts which are essential to be stated for the purpose of disposal of the present second appeal are as under:--

"1.1 Plaintiff- Yuvraj filed a civil suit for declaration of title and permanent injunction stating inter alia that suit land bearing Khasra No. 508, area 2.50 decimal, situated at village Dudhli, Tehsil Dondilohara, District Durg was granted by the State Government in his Bhumiswami rights by Exhibit P-2 on 21/03/1994, in which, he is in possession from 26/10/1994 by constructing house, but the defendant-Gram Panchayat has issued notice for demolition, leading to filing of the instant suit for declaration of his title. The defendants have no right to dispossess him except in accordance









































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