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1973 Supreme(J&K) 79

D.D.THAKUR
Munshi – Appellant
Versus
Mangoo – Respondent


Advocates Appeared:
Advocate For Appellant: J.P. Gupta
Advocate For Respondent: Baldev Singh

Munshi and Mango are two brothers admittedly co-sharers in a khewat. A dispute arose regarding their possession over Khasra No. 1433 measuring 1 Kanal and 14 marlas situate in the village of Nonath Tehsil Hiranagar. Alleging that the plaintiff was in possession of whole of this land and the defendant dispossessed him from a piece of 10 marlas out of this khasra No ; the plaintiff filed a suit in the court of Munsiff Hiranagar, under section 9 of the Specific Relief Act (hereinafter called "the Act"). The suit was filed on 26-3-1969. There was no prayer regarding a decree for possession in respect of the remaining 1 kanal and 4 marlas of land. Subsequently, however, on 8-4-1969 when the suit was pending, the plaintiff made an application before the Tehsildar, Hiranagar, stating therein that he was in possession of 1 kanals and 4 marlas of land from khasra No: 1433 min but girdawari entries did not show him in possession. He, therefore, prayed that the entries in the girdawari may be corrected. The Tehsildar vide his order dated 19-4-1969 transferred this application to the Naib Tehsildar for enquiry. Before the Naib Tehsildar a number of witnesses appeared both for the plaintiff and




















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