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2000 Supreme(All) 718

D.K.SETH
BAIJ NATH – Appellant
Versus
VISHWANATH PANDEY – Respondent


Advocates Appeared:
A.K.Mishra, A.P.SRIVASTAVA, FAUJDAR RAI, U.K.MISHRA

D. K. SETH, J.

( 1 ) THIS appeal is directed against the judgment and decree dated 14. 11. 1984, passed by the learned IIIrd Additional District Judge, Azamgarh in Civil Appeal No. 136, of 1983, reversing the Judgment and decree dated 26. 3. 1983, passed by the learned Munslf, Moham-madabad gonna. Azamgarh in the Original Suit No. 767 of 1981, partly allowing the appeal and decreeing the suit for permanent injunction restraining the defendants permanently from interfering in the possession of the plaintiffs in respect of the land shown by letters ka, Kha, Ta, Tha in map 15a which was made part of the decree.

( 2 ) THE plaintiff-respondents had filed the suit for permanent injunction against the defendants on the ground that by virtue of partition between the ancestors, the parties were occupying different part of the property and had constructed their respective houses thereon in between the two houses, the land was claimed as Sehan, Courtyard with a thatched hut of the plaintiffs house, which was encroached by the defendants by building cattle troughs for which the prayer for permanent injunction as well as mandatory Injunction for removing the cattle troughs were prayed for. The




























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