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1995 Supreme(P&H) 1051

G.C.GARG
Mohinder Partap Soni – Appellant
Versus
Madan Lal – Respondent


Judgment

G.C.Garg, J.

1. Plaintiff-appellant filed a suit for permanent injunction restraining the defendants from interfering in his possession or dispossessing him from the property in dispute except in due course of law. He claimed to be in possession of 1300 Sq. yards of land for the last more than 16 years. Trial Court by judgment and decree dated 26.9.1988 dismissed the suit. While dismissing the suit, it recorded a finding that the plaintiff failed to prove that he was in possession of the suit property on the date of filing of the suit and he was dispossessed during the pendency of the suit and that defendant No. 2 was proved to be in possession of the suit property i. e. of 900 Sq. yards. Appeal against the judgment and decree of the trial Court was dismissed by learned Additional District Judge on 1.5.1995. Learned Additional District Judge in para II of its judgment came to the conclusion that if at all a piece of land measuring 900 Sq. yards was in possession of the plaintiff, then in that agreement he would have got recorded that he was in possession of that adjoining plot also in addition to his possession over the plot measuring 400 Sq. yards intended to be purchased




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