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1960 Supreme(Raj) 280

I.N.MODI
MOOLCHAND – Appellant
Versus
CHHOGA – Respondent


Advocates Appeared:
M.L.Joshi, THAN CHAND

Judgment


I. N. MODI, J.

( 1 ) THESE are two appeals by different sets of plaintiffs in two different suits, one of the plaintiffs being common to both of them, and arise out of a dispute relating to an identical piece of land, and, therefore, I propose to dispose of them by a single judgment.

( 2 ) THE dispute pertains to a piece of land which has been marked as ABCD in plan ex. 1 and is situate in village Beda which was at the relevant time in the Jagir of the Jagirdar of rhikana Beda. The plaintiffs in suit No. 532 of 1952 which has given rise to appeal No. 45 of 1955 are Moolchand and his son Jawarmal, and one other person Dharamchand. The houses of Moolchand and Dharamchand are admittedly situate to the south and north respectively of the disputed land. The house of moolchand and Jawarmal is marked A in the plan and that of Dharamchand as K therein. The defendants in this suit were in the first instance Chhoga and his 5ons kapura and Jawana, and the Kamdar of rhikana Beda. The case of the plaintiffs in this suit as disposed in the amended plaint, briefly put, was that in between the two houses of Moolchand and Dharamchand there was a common way the exact phrase used in Hindi i
































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