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1969 Supreme(Raj) 208

V.S.BHARGAVA
Hanumat Singh – Appellant
Versus
Phuna – Respondent


Advocates:
V.S. Dave, for Appellants; S.N. Bhargava and Hastichand, for Respondents.

Judgement

JUDGMENT : The facts which have given rise to these appeals are that Thakur Ranvijai Singh of Sarana, the predecessor of the appellants instituted a suit for ejectment against Sualal, Laxmi Narain. Kanhaiyalal and Mohanlal, sons of Baluram in the Court of Sub-Judge, First Class, Kekri, for recovery of possession of land which was decreed in his favour on 8th May, 1952. This decree was upheld both by the District Judge, Aimer and the Judicial Commissioner, Ajmer.

The decree was in the following terms :-

(i) A decree is passed for vacant possession of the land in suit with costs in favour of the plaintiff.

(ii) The defendants, who are entitled to remove their 'malba' would deliver vacant possession of the land after removing their 'malba' within 15 days from today;

(iii) They are also restrained by means of a permanent injunction from making any further encroachment on the suit land and constructing upon it.

The decree-holder took out execution proceedings on 1-5-57 but during the pendency of those proceedings, the Ajmer Abolition of Intermediary and Land Reforms Act, 1955 (hereinafter referred to as the Act) had come into force and thereupon the Judgment-debtors made an objectio
















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