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1964 Supreme(All) 27

GANGESHWAR PRASAD
GAJA – Appellant
Versus
DASA KOERI – Respondent


Advocates Appeared:
J.N.TIVARI, S.K.VERMA

GANGESHWAR PRASAD, J.


( 1 ) THESE three second appeals arise out of three suits between the same parties and involve the same questions of fact and law and they may, therefore, be disposed of by common judgment.

( 2 ) THE suits were filed in the revenue court for declaration that the plaintiff is the exclusive sirdar of one of the disputed plots and a co-sirdar of the remaining three. The plaintiff claimed to be in possession but he prayed that the relief of possession may also be awarded to him in case he was found to be out of possession. The State Government and the Gaon Samaj, impleaded as defendants, remained absent and the suits were contested only by the other defendants, who denied the claim of the plaintiff and asserted that they were bhumidhars of the plots and were in possession as such. The suits were dismissed by the trial court and since the issue relating to bhumidhari rights, claimed by the contesting defendants, had been remitted to and decided by the civil Court, appeals were preferred to the Civil Judge who reversed the judgment of the trial court and decreed the suits. The contesting defendants have come up in appeal to this Court.

( 3 ) IT is unnecessary to nar








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