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1953 Supreme(All) 127

AGARWALA, CHATURVEDI
MOHD. ZAHIR HASAN – Appellant
Versus
DULARE – Respondent


Advocates Appeared:
HARNANDAN PRASAD, HIRDAY NARAIN KAPUR, MASOOD HASAN

CHATURVEDI, J.

( 1 ) THIS is a plaintiffs application in revision arising out of a suit for the issue of a permanent injunction to restrain the defendants from taking possession over the plots specified in the plaint.

( 2 ) THE suit was filed in the Court of the Munsif West Allahabad, on the allegations that the plaintiffs were zamindars of the land in suit, which was their sir and khudkasht, that the defendants had no manner of right in this land, but they wrongly deposited 10 times the rent and sought to obtain bhumidari rights under the provisions of the U. P. Tenants Acquisition of privileges Act, and that the defendants were also trying to enter into possession of the land. The actual relief claimed in the plaint was that, on proof of the plaintiffs possession over the land as their sir and khudkasht, a permanent injunction be issued to the defendants restraining them from interfering with the plaintiffs possession of the land in suit. One of the defences taken to the suit was that it was not cognizable by the civil Court and was exclusively triable by the revenue Courts. There were some other defences also, but it is not necessary to mention them for the purposes of this revi























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