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1973 Supreme(P&H) 123

C.G.SURI
Mallu – Appellant
Versus
Ram Chand – Respondent


Judgment

, J.

1. In this execution second appeal by a defendant-judgment-debtor, it would be necessary to recite the facts that preceded the passing of the decree for joint possession of a vacant piece of land which is being executed by the respondent, decree-holders.

2. In the plaint filed by the decree-holder-respondents in 1956, the subject matter of the suit was described as a vacant piece of land, measuring 146 and odd square yards in area and situated opposite the Harijan Mohalla in the abadi of village Gias Pura. All the seventeen plaintiffs and Mallu appellant belong to that community. The suit was for the possession of the vacant site and it was averred in the plaint that the defendant-appellant, who was in possession, was wrongfully claiming ownership under some registered sale deeds dated 16/ 17-8-1954. The persons from whom he claimed to have purchased the site had also been impleaded as defendants. The averments in the plaint were that the plaintiff-respondents had become owners of the vacant site by adverse possession lasting over a period of more than 12 years and that their possession could not be illegally disturbed by the appellant and that his vendors had no valid











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