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2011 Supreme(Jhk) 928

N.N.TIWARI
Jyoti Nayak – Appellant
Versus
Putli Devi @ Karuna Mahto – Respondent


Advocates Appeared:
For the Appellants -Mr. V.K.Tiwari

This appeal is against the judgment and decree dated 6.3.2008 passed by learned Additional District Judge, F.T.C -IX, East Singhbhum at Jamshedpur whereby learned lower appellant Court has upheld and affirmed the judgment dated 11.12.2002 and decree (decree signed dated 19.12.2002) passed by learned Munsif, Ghatsila in T. S. No. 8/98.

2. The defendants are the appellants. The suit filed by the plaintiffs was decreed by learned Trial Court and the decree was affirmed by learned lower appellate Court.

3. The plaintiffs had filed suit for declaration of their right, title, interest and recovery of possession over the suit land.

4. The admitted claim of the plaintiffs is that they are the descendants of the recorded tenants of the land appertaining to Khata No. 87, Plot Nos. 572, 573 & 570, measuring an area of 0.03 Decimals of Village -Khairbani, P.S -Shyamsunderpur, District - Singhbhum East.

5. According to the plaintiffs, the suit land was forcibly encroached upon by the defendants. The defendants have their residential house adjoining the suit land and they illegally amalgamated the suit land with their adjoining land, which gave rise to the dispute. In the year 1995, the dispute





























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