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1982 Supreme(All) 293

DEOKI NANDAN
RAGHAVENDRA NARAIN SHAH – Appellant
Versus
MOTI LAL GUPTA – Respondent


Advocates Appeared:
A.N.BHARGAVA, B.M.SINGH, G.P.BHARGAWA

DEOKI NANDAN, J.

( 1 ) THIS is an appeal by the first defendant from a decree of injunction restraining the defendants from interfering with the use and possession of the land in suit by the plaintiff as a permanent lessee thereof. The two plots of land Nos. 3 and 4 were granted on Parjawat tenure to Bankim chandra Ghosh and Nagendra Nath Paul under two separate registered deeds dated the 19th July, 1934 and 17th August, 1934 respectively, by one Krishna Mohan Shah. The plaintiff claims to be a transferee of the Parjawat rights in the two plots of land from the heirs of Bankim Chandra ghosh and Narendra Nath Paul under two separate deeds of sale dated the 14th July, 1958. The plaintiff has described the instruments dated the 19th July, 1934 and 17th August, 1934 executed by Krishna Mohan Shah in favour of Bankim, Chandra Ghosh and Narendra Nath Paul as permanent leases, and the status acquired by them thereunder to be that of a permanent lessee. The defendants Nos. 1 and 3 were brothers and the second defendant is the first defendants wife. The defendants Nos. 1 and 3 had filed separate written statement, but only defendant No. 1 appears to have contested the suit.

( 2 ) THE plaint













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