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2004 Supreme(Jhk) 607

VISHNUDEO NARAYAN
Manki Mali – Appellant
Versus
Radhika Devi – Respondent


JUDGMENT

Vishnudeo Narayan, J.

1. This appeal as the instance of the defendant-appellant has been directed against the impugned judgment of reversal and decree dated 21.9.1988 and 30.11.1988 respectively passed in Title Appeal No. 56 of 1970 by Shri Bharat Prasad Sharma, 4th Additional District and Sessions Judge, Hazaribagh whereby and whereunder the judgment and decree dated 25.6.1970 and 3.7.1970 passed in Title Suit No. 798 of 1965/47 of 1967 by Additional Munsif, Hazaribagh was set aside and the appeal was allowed the suit of the plaintiff was decreed.

2. The plaintiff-respondent had filed the said Title Suit for declaration of his title and confirmation of possession over the suit property detailed in Schedule B of the plaint and in the alternative for recovery of possession. A relief for permanent injunction restraining defendant Nos. 1 to 7 from disturbing the possession of the plaintiff in respect of Schedule B land was also sought.

3. This suit has a very chequered history. Initially the suit was dismissed on contest vide judgment dated 30.5.1968 and decree dated 13.6.1968 by the Additional Munsif and the plaintiff preferred Title Appeal No. 71 of 1968/11 of 1970 before the a


























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