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1959 Supreme(All) 122

S.S.DHAVAN
MULA – Appellant
Versus
BABU RAM – Respondent


Advocates Appeared:
AMBIKA PRASAD, H.C.Sharma, N.S.SINGHAL

S. S. DHAVAN, J.

( 1 ) THIS is a defendants second appeal against the decree of the Second Civil Judge, Meerut, confirming a decision of the trial court by which the plaintiff-respondents suit for an, injunction restraining the defendant-appellants from interfering with their possession over the plot of the land in dispute and for a declaration, that he was entitled to receive the sale price of the crop deposited in court was decreed. The facts which have led to this appeal, yery briefly, are these. In the year 1951 there was a dispute between the plaintiff-respondents and the defendant-appellants over a plot of land which led to an apprehension of breach of the peace. Proceedings under Section 145 Cr. P. C. were initiated, and the trying Magistrate attached the land in dispute as well as the standing crop. A supurdar was however appointed by the court and the crop was sold by him for Rs. 700/- and the amount deposited in. court. The plaintiff-respondents were also permitted to cultivate the land in dispute for the Kharif season of 1951 in consideration of payment of a sum of Rs. 100/- to the court. on 11th December, 1951, the Magistrate passed an order under Section 145 (4) Cr. P.



























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