JAIN, J.—The legal representatives of Shri Kishan original plaintiff have filed this appeal against the appellate decree dated August 20, 74 of the Additional District Judge, Udaipur, affirming the judgment and decree of the Civil Judge, Udaipur, dated 12-4-67 passed in Civil suit No. 80/1964.

2. There is some property known as Talia in Mouza Fatehnagar Tehsil Mavli. This property has been shown in the map Ex. 2 attached to the plaint. Shri Kishan plaintiff alleged that the property shown in pink colour towards the south of the Talia had been constructed by him and a portion of the Talia towards the north shown bounded by dotted red lines is lying vacant. But according to him the foundation in that part of the land has been dug and filled up to the plinth level. The land thus shown within red dotted lines, is the land in question. It measures approximately East-West 52 and 30 North-South. The plaintiff stated that he is the owner of the entire land and has been in possession since Samvat year 2003 It has been alleged that on 15-7-74 the defendants have trespassed the suit land by force in the supposed claim that the suit land was allotted to them by Allotment Committee, Fatehnagar.

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