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1974 Supreme(Raj) 168

C.M.LODHA
Ramkishan – Appellant
Versus
Mohanji – Respondent


JUDGMENT

1. - This is a plaintiff's second appeal arising out of a suit for possession and mesne profits in respect of a plot of land measuring 201-4/9 Sq. yards situated in a locality called Hathi Bhata in the city of Ajmer.

2. The plaintiff's case as set out in the plaint is that he purchased 1092 sq. yeards of land from Abdul Rehman and his wife Betool Bibi by a registered sale deed dated 24-6-1951, marked Ex. 3. It was alleged that the defendant encroached upon the disputed portion of the land measuring 201-4/9 sq yards, out of the land purchased by the plaintiff some time thereafter. Consequently, he filed the present suit for recovery of possession of the disputed land from the defendant Mohanji Barber and also claimed a decree Rs. 432/- on account of mesne profits. The suit was resisted by the defendant on a number of grounds but the only ground which survives for decision was that he had become owner of the land in dispute by adverse possession. This ground found favour with both the lower courts with the result that the trial court dismissed the suit and its judgment and decree were upheld by the Additional Civil Judge, Ajmer in appeal. Hence this second appeal by the plain







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