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2007 Supreme(Jhk) 427

M.Y.EQBAL
Amar Singh – Appellant
Versus
Swarn Singh – Respondent


JUDGMENT

M.Y. Eqbal, J.

1. This second appeal by the defendants-appellants is against the judgment of reversal.

2. The plaintiff filed Title Suit No. 22 of 1979 for declaration of title over the suit property and for recovery of possession. The said suit was dismissed by Subordinate Judge, Jamshedpur in terms of judgment and decree dated 13 th September, 1982. Aggrieved by the said judgment and decree, the plaintiff preferred Title Appeal No. 02 of 1982 which was allowed by the 2nd Additional District Judge, Jamshedpur in terms of judgment and decree dated 12 th June, 1990 and set aside the judgment and decree of the trial Court. Hence, this Second Appeal by the defendants.

3. The facts of the case lie in a narrow compass:

The suit property is tiled katcha house comprising of rooms and varanda etc. surrounded by boundary walls. The suit property was purchased by the plaintiffs father from one Mohan Singh. Plaintiffs case was that thereafter the suit property was allotted to the father of the plaintiff by TISCO Ltd, Jamshedpur for residential purposes. The plaintiff along with his father Dhanna Singh was residing in the said house. After the death of plaintiffs father Dhanna Singh some t












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