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1974 Supreme(Raj) 186

C.M.LODHA
Gyanchand Bhikharam – Appellant
Versus
Malla – Respondent


JUDGMENT

1. - This is a plaintiff's second appeal arising out of a suit for possession of a piece of land described as 'Gwara', situated in village Kankar Dopa, Tehsil Behror.

2. The plaintiff's case as set out in the original plaint was that he was the owner of the 'Gwara' & the defendants were threatening to dispossess him. He, therefore, prayed that a perpetual injunction may be issued against the defendants restraining them from interfering with the plaintiff's possession. Later on the plaint was amended and a relief for possession was claimed on the ground that during the pendency of the suit the defendants had dispossessed the plaintiffs.

3. After recording the evidence produced by the parties the learned Munsiff, Behror found that the plaintiffs had failed to prove their title or, possession over the land in dispute & consequently he dismissed the plaintiffs' suit. On appeal by the plaintiffs the learned Civil Judge, Alwar by his judgement dated 9.8.1966 upheld the judgement and decree by the trial court.

4. Learned counsel for the appellant has urged that the learned Civil Judge has generally concurred with the findings of the trial court and has not discussed and applied his




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