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1957 Supreme(All) 203

R.N.GURTU
CHIRANJI LAL – Appellant
Versus
BEHARI – Respondent


Advocates Appeared:
S.B.JOHARI, S.B.L.GAUR

R. N. GURTU, J.

( 1 ) THIS is a second appeal by the plaintiff in the suit and arises in the following circumstances

( 2 ) THE plaintiff had brought a suit No. 361 of 1946 in the Court of II Munsif, Bulandshahr on the allegation that he was a Khudkasht-holder of six plots, four of which had been taken possession of by the defendant and in regard to two of which there was an apprehension that the defendant would interfere with the plaintiffs possession. The suit was for possession and for an injunction restraining the defendant from interfering with the plaintiffs possession qua the two plots.

( 3 ) AFTER filing the above suit, the plaintiff obtained an interim injunction directing the defendant to refrain from interfering with the said two plots.

( 4 ) SUBSEQUENT to the issue of the interim injunction, the plaintiff moved the learned Munsif that there had been a disobedience of the interim injunction order.

( 5 ) THE learned Munsif accepted the allegation of the plaintiff and, acting under Order XXXIX, rule 2 (3), C. P. C. , attached some property belonging to the defendant. The attachment subsisted for a period of six months whereafter it was taken off presumably because the disobe





















































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