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2003 Supreme(Jhk) 63

M.Y.EQBAL
ABDUL SATTAR ANSARI – Appellant
Versus
AZIZ ANSARI – Respondent


Advocates Appeared:
R.C.P.SHAH, T.K.DAS

Judgment :

M. Y. EQBAL, J.

( 1 ) HEARD the learned counsel for the parties. The plaintiff-opposite party No. 1 has filed counter affidavit.

( 2 ) THIS civil revision application is directed against the order dated 18-11-2002 passed by 1st Additional District Judge. Bokaro in Misc. Appeal No. 57/2002 whereby he has set aside the order dated 30-8-2000 passed by Munsif bokaro at Chas in title suit No. 88/97 and has allowed the application filed by the plaintiff-respondent under Order XXXIX, Rules 1 and 2, CPC.

( 3 ) THE facts of the case lies in a narrow compass. The plaintiff-respondent, being a displaced person was given employment by bokaro Steel Ltd. His case is that he was allotted a piece of land measuring an area of 10 decimals comprised within plot Nos. 1101, 1099 and 1100. It is alleged that defendant no. 1 was also allotted 12 decimals of adjacent land but he was in illegal possession of the same. Plaintiffs further case is that since defendant No. 1 was trying to encroach upon the land allotted to the plaintiff, a proceeding under Section 144, Cr. P. C. was initiated and later on converted into a proceeding under section 145, Cr. P. C. vide M. P. Case No. 12/ 80 of 1980. Th







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