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1985 Supreme(Del) 45

SULTAN SINGH
RAM SINGH – Appellant
Versus
ATTAR SINGH – Respondent


Advocates Appeared:
J.R.SINGH, M.S.VASHISHT, S.K.MISHRA

Sultan Singh

( 1 ) THIS is a revision undersection 115 of the Code of Civil Procedure from the judgment and order dated 4th June, 1984 made by the Additional Senior Sub Judge, Delhi by which the learned Judge reversed the order dated 6th January, 1984 of the trial court, and finally rejected the application of the plaintiff in the suit for grant of temporary injunction. However, on admission of the revision, temporary injunction was granted by this court on 25-7-84 restraining the defendants-respondents from interfering with peaceful possession of the petitioner-plaintiff with respect to one half share of land in suit.

( 2 ) THE brief facts are that the land measuring 22 bighas 17 biswas, Khasra Nos. 952, 953, 954 and 1052 min in village Kilokari, Tehsil Mehrauli, New Delhi was owned by a Muslim who migrated to Pakistan and it became and evacuee property. Samman, father of the plaintiff and Hetu, father of the three defendants, were joint non-occupancy tenants in the land since before 1947. After migration of the muslim owner they continued in possession of the land under the Custodian of Evacuee Property. Samman died in 1963 and Hetu died in 1980. The said land was being cultivated




















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