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1959 Supreme(Raj) 104

SHYAMLAL, J.N.KUNZRU
Hari Singh – Appellant
Versus
Rang Bahadur – Respondent


Advocates Appeared:
Laxminarain Yadav, for Appellants; Chandra Prakash, for Respondents No.2, 3

The circumstances that give rise to this second appeal are that Rang Bahadur and Raj Babu sons of Shiv Dayal and Munshilal brought a suit against Hari Singh and Murli in the court of the SDO Behror on 22.6.56 for recovery of possession on the ground that the defendants had wrongfully trespassed upon the land in dispute and hence ought to be ejected therefrom. The trial court after framing necessary issues recorded the evidence of the parties and granted a decree with costs in favour of the plaintiffs on 14.10.57. One of the defendants Murli went up in appeal before the Additional Commissioner and in the memorandum of appeal that was filed by him on 17.10.57 Rang Bahadur and Hari Singh were impleaded as respondents. Nothing was stated in this memorandum as regards the other two, Raj Babu and Munshilal, in whose favour as well a decree was passed by the trial court. It may be observed here that the copy of the decree issued by the trial court to the appellants contains the names of all the three plaintiffs in the title of the suit. In the copy of the judgment issued by the trial court to the appellant contains the names of all the 3 plaintiffs in the title of the suit. In the copy of















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