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2001 Supreme(Jhk) 506

GURUSHARAN SHARMA
Gulbahar Sheikh – Appellant
Versus
Sanjay Kumar Pande – Respondent


JUDGMENT

Gurusharan Sharma, J.

1. Plaintiffs opposite parties 1 to 3 filed Title Suit No. 8 of 1997 against defendants under Section 6 of the Specific Relief Act to get restoration of possession of 10-2/3 decimals land with structures standing thereon, bearing Plot No. 17 in village Jhalua, District Garhwa, detailed in Schedule A to the plaint.

2. Plaintiffs claimed to have purchased the suit property by registered sale deeds dated 24.10.1991 and 6.4.1996 from Md. Isha Sheikh and Md. Ishrayal Sheikh, both sons of Natai Sheikh, and came in possession thereof. Their vendors had acquired the same from Kamoda Bibi, daughter of recorded tenant. Panchu Sheikh and sister of Bhannu Sheikh, defendant No. 4, by registered sale deed dated 8.9.1988. Their names were mutated and rent therefor was being paid to the State against receipts. They had constructed boundary wall as well as two rooms and two more rooms were under construction.

3. On 18.9.1996, plaintiffs were dispossessed by defendants from the suit property without their consent and without any lawful authority in collusion with Garhwa District Police and Administration. False criminal cases were lodged against them and they remained in j













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