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2004 Supreme(Jhk) 659

VISHNUDEO NARAYAN
Beni Mahto – Appellant
Versus
Hulas Mahto – Respondent


JUDGMENT

Vishnudeo Narayan, J.

1. This appeal at the instance of the defendant-appellant has been preferred against the impugned judgment and decree dated 4.4.1990 and 18.4.1990 respectively passed in Title Appeal No. 65 of 1988/1 of 1990 by Shri Shyama Prasad Singh, 2nd Additional District Judge, Hazaribagh whereby and whereunder the appeal was dismissed affirming the judgment and decree of the Trial Court with modification directing the defendant-appellant to execute a deed of correction and the suit of the plaintiff was decreed in full.

2. The plaintiff-respondent had filed the said title suit for declaration of this title and confirmation of his possession over 2 decimals of land in the northern side in plot No. 2644 appertaining to Khata No. 170 detailed in Schedule A of the plaint and for permanent injunction restraining the defendant from alienating the suit land or any portion thereof or distributing and ousting the plaintiffs from the possession of the suit land. A further relief was also sought directing the defendant to execute a deed of correction or Bazidawa in favour of the plaintiff in respect of the suit land.

3. The case of the plaintiff, in brief, is that defendant ex





















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