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2004 Supreme(Jhk) 560

VISHNUDEO NARAYAN
Central Coalfields Ltd. – Appellant
Versus
T. M. S. Engineering And . . . – Respondent


JUDGMENT

Vishnudeo Narayan, J.

1. This appeal at the instance of the appellant (who was defendant No. 2 in the suit) has been preferred against the impugned judgment and decree dated 20.02.1995 and 08.03.1995 respectively passed by Shri Azad Chandra Shekhar Prasad Singh, Sub-Judge VI. Ranchi in Title Suit No. 147 of 1976 whereby and whereunder the said title suit was decreed in part directing defendant Nos. 1 to 3 to pay a sum of Rs, 25"51,568.16 paise along with interest pendente lite and future @ 6% within three months.

2. The plaintiff-respondent No. 1 had filed Title Suit No. 147 of 1976 on 15.09.1976 against the defendant-appellant and proforma defendant-respondent Nos. 2 and 3 for a declaration that the goods mentioned in Schedule A of the plaint were taken over from the custody of the plaintiff-respondent on 18.09.1973 and 19.09.1973 illegally and without any authority of law and they did not vest in the Central Government and subsequently in the Coal Mines Authority Limited and its successors i.e. defendant-appellant and defendant- respondent Nos. 2 and 3 under the Coal Mines (Taking Over of Management) Act, 1973 and Coal Mines (Nationalization) Act, 1973 or any other law and
























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