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2001 Supreme(All) 623

U.S.TRIPATHI
KRISHNA MOHAN – Appellant
Versus
BAL KRISHNA CHATURVEDI (DECEASED BY LRs) – Respondent


Advocates Appeared:
A.N.BHARGAWA, C.B.MISHRA, SHANKATHA RAI, SRIKANT DOIJODE

U. S. TRIPATHI, J.

( 1 ) ALL the above four appeals have been filed against the judgment and decree dated 13-5-1982 passed by Sri K. C. Bhargava, the then learned Ist Additional District Judge, Allahabad in Civil Appeal No. 46 of 1979, 45 of 1979, 642 of 1979 and 571 of 1979 respectively which were decided by a common judgment.

( 2 ) KRISHNA Mohan and Ram Mohan, appellants in all four appeals (hereinafter called the appellants) filed Original Suit No. 91 of 1968 on 24-5-1967, through their next friend, against Bal Krishna Chaturvedi, the respondent No. 1 in all the four appeals, for permanent injunction, restraining the respondent No. 1 from interfering in their peaceful possession over the open land shown with green colour in the plaint map and house shown with letters Aa, Ba, Sa, Da and red colour in plaint map. The case of the appellants, briefly stated was that the house shown with letters Aa, Ba, Sa, Da existing over Plot No. 905 of Mohalla Daraganj, Allahabad city, was constructed by their father Ram Avtar and he was in possession over it till his lifetime. The open land shown with green colour in the plaint map was appurtenant to the said house and was being used by their fa
























































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