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1958 Supreme(All) 27

RAGHUBAR DAYAL, A.P.SRIVASTAVA
RAM ROOP – Appellant
Versus
BISHWA NATH – Respondent


Advocates Appeared:
K.M.Sinha, SATISH CHANDRA

A. P. SRIVASTAVA, J.

( 1 ) THIS is an application under Article 227 of the Constitution read with Section 115 of the Code of Civil Procedure.

( 2 ) ON 29th February 1952, the opposite parties filed a suit in the Court of the Munsif of Mirzapur claiming possession over the plots mentioned in the plaint. The allegations with which the opposite parties came were these: The land in dispute was lying parti before 1356f. There were many self-grown trees on it On 26th February 1949, the zamindar of the village granted a patta in respect of the land in favour of the opposite parties and they entered into possession of the same. They themselves planted some trees on the land also. Having deposited ten times the rent they obtained a Bhumidhari Sanad in respect of the land. When they started building constructions on it, the fact was resented by the petitioners who in collusion with the patwari had got the land entered in the papers in their own names. With the object of making the opposite parties give up the land the petitioners started litigation in respect of it and at first launched criminal proceedings. The opposite parties then filed a suit in the revenue Court under Section 59 of the










































































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