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1957 Supreme(All) 178

M.C.DESAI, J.N.TAKRU
BHARAT – Appellant
Versus
CH. KHAZAN SINGH – Respondent


Advocates Appeared:
Jagnandan Lal, S.B.L.GAUR

M. C. DESAI, J.


( 1 ) THIS is an appeal by the defendants from a decree for possession of a plot of land passed against them by the courts below. The suit was instituted against the appellants by the respondent on the following allegations:

"i am the owner and zamindar of plot np--424/1, situated in khewat khata No. 1 of village akbarpur Sagar. It was lying vacant. On a portion of it the defendants in my absence and without my consent and without any right or title constructed a house a year ago and have brought the remaining area of the plot into their use. "

It was contested on various grounds with which we are not concerned now. It was decreed by the trial court in 1947 and the appellants were allowed to remove the building within a certain time. The decree was affirmed on appeal in 1948. After the institution of the second appeal, the zamindari Abolition and Land Reforms Act has come into force and the appellants contend that on account of the provisions of Sections 6 and 9 the respondent has lost his title and interest over the land in dispute, that the appellants have ceased to be liable to ejectment and that consequently the decree should be quashed. It is provided in Section







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