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2003 Supreme(Jhk) 986

VISHNUDEO NARAYAN
CHHABI DUSHADH – Appellant
Versus
BHUNESHWAR PANDEY – Respondent


Advocates Appeared:
N.K.PRASAD, P.K.PRASAD, PRATYUSH KUMAR

Judgment :

VISHNUDEO NARAYAN, J.

( 1 ) BOTH the appeals arise out of a common judgment and, therefore, they are being disposed of by this judgment.

( 2 ) THESE appeals at the instance of the defendants appellant are directed against the judgment and decree dated 27-7-1988 and 8-8-1988 respectively passed in Title appeal No. 44 of 1976 and 45 of 1976 by shri Bhikari Ram, 1st Additional District and Sessions Judge, Palamau whereby and whereunder both the appeals were allowed and the judgment and decree dated 18-9-1976 and 6-11-1976 passed in t. S. No. 79/41 of 1973/76 and 80/46 of 1973/76 by the 2nd Additional Sub-Judge, Palamau at daltonganj were reversed.

( 3 ) THE plain tiff respondents had filed the aforementioned suits for declaration that the suit plots appertaining to khata No. 14 situate in village Haradag Khurd, P. S. Nagar utari, District Palamau fully detailed in the schedule of the plaint of both the title suits is the occupancy raiyati land of the plaintiff respondents.

( 4 ) THE case of the plaintiff respondents in both the title suits aforesaid is similar in material particulars. The case of the plaintiff respondents, in brief, is that the land of khata No. 14 of villag














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