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1999 Supreme(All) 1874

S.K.PHAUJDAR
HARI NARAIN – Appellant
Versus
IVTH ADDITIONAL DISTRICT JUDGE, AZAMGARH – Respondent


Advocates Appeared:
PRADEEP KUMAR RAI

S. K. PHAUJDAR, J.

( 1 ) THE petitioner had filed Suit No. 1230 of 1986 for permanent injunction against the present respondents, Kamala and others. It was his case that he was the sole owner of certain agricultural plot and was in possession thereof. It was stated that previously he was having only one-third share in the suit property, a second one-third belonged to one Rampat Rai and the rest one-third belonged to the respondent Kamala and his brother Subedar. The plaintiff purchased the share of rampat through a registered instrument and there had been a family settlement through which kamala and Subedar transferred their share in the suit property in favour of the petitioner through a written instrument dated 24. 12. 1971. Subsequently, however, Kamala and Subedar transferred their land to other defendants on the basis of which they were trying to interfere in the land in dispute and that gave the cause of action to the plaintiff-petitioner for permanent injunction. The petitioner asserted that for the Fasli year 1389 khatauni was prepared in his name for certain plots and for the Fasli years 1390 and 1395 khatauni was prepared in his name for some other plots. The defendants,















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