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1991 Supreme(Ori) 178

K.C.JAGADEB ROY
CHENNARU NAGHBHUSAN RAO – Appellant
Versus
M. RAMA RAO – Respondent


Advocates Appeared:
B.Routray, K.B.KAR, N.C.Naik, P.V.Ramdas, R.K.MOHAPATRA, R.MOHANTY, S.S.BASU, S.S.DAS, S.S.RAO

B. N. DASH, J.

( 1 ) THE appellant is the defendant who has filed the Second Appeal against the concurrent judgment and decree directing him by way of mandatory injunction to demolish the structure illegally constructed by the defendant encroaching the lane of the plaintiff to the extent of 4 1/4" in width and up to 4l' in length and to restore possession of the lane to the plaintiff within the stipulated period, failing which the plaintiff is to recover the vacant possession of the lane through the process of the court at the cost of the defendant and also directing the defendant by way of perpetual injunction not to make any construction or to interfere in the lane of the plaintiff in any manner.

( 2 ) THE plaintiff preferred Title Suit No. 87/72 alleging that she along with one Shyamsundaramma, the widow of her husband's brother jointly purchased the house described in Schedule 'a' of the plaint by means of a registered sale deed dated 30-10-1943 from one P. Rajeswar Rao, the width of which was 45 cubits. There were open spaces on the east and west of this house as corridors for free passage to the backyard of the house. This document had been marked as Ext. 1 in the suit. Tha







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