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2004 Supreme(P&H) 632

HEMANT GUPTA
Ishwar Singh – Appellant
Versus
Tara Chand – Respondent


Judgment

Hemant Gupta, J.

1. The defendant is in appeal before this Court aggrieved against the judgment and decree passed by the First Appellate Court whereby the suit for permanent injunction restraining the defendant-appellant from interfering in the possession of the plaintiff over the agricultural land measuring 35 kanals 7 tnarlas was decreed.

2. The plaintiff has sought injunction inter-alia on the ground that one Ram Diya was recorded in possession of the suit land as Giar Marussi. In the column of payment of rent, the entry was Bai Shera Malkan, Bai Vaja Kabza Derina. It was alleged that Ram Diya has never paid any Batai or lagan in cash of any kind and by prescription of time the said trespasser has become owner of the suit land. The plaintiff has alleged that he was inducted as tenant by Ram Diya vide lease deed dated 30.12.1968 and after the expiry of lease period, the plaintiff is in possession as a statutory tenant and thus the defendants cannot dispossess him.

3. Defendants No. l, 13 and 14 contested the suit and it was pleaded that Ram Diya was Dohlidar in respect of the suit land. He died unmarried and issueless. After the death of Ram Diya the suit land has reverte

















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