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2007 Supreme(All) 706

S.U.KHAN
VIDYAWATI – Appellant
Versus
XIIth ADDITIONAL DISTRICT JUDGE, KANPUR – Respondent


Advocates appeared:
B.P. Tripathi for the Petitioners; S.C. for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—Respondent No. 3 Shiv Sagar Tiwari filed O.S. No. 1931 of 1980 against Vidyawati petitioner No. 1, her husband Brij Bihari Shukla petitioner No. 2, Karamchari Nagar Housing Society petitioner No. 3 and Mohan Lal, Secretary of the Society petitioner No. 4.

2. The allegation in the plaint was that the Cooperative Housing Society defendant No. 3 had allotted plot No. 158 to the plaintiff on 8.10.1971 through registered lease deed and possession had also been delivered to him, however on 6.12.1980, he found that defendant Nos. 1 and 2 were making constructions over the said plot. The relief claimed was for permanent prohibitory injunction restraining the defendants from making construction or encroaching upon the property. Relief of possession was also claimed. Defendant Nos. 1 and 2 filed written statement and pleaded that the society had allotted the plot in dispute to defendant petitioner No. 1 and hence they made constructions over the plot in dispute. It was further pleaded by the defendant No. 1 that lease of plaintiff was cancelled by the Society as plaintiff failed to comply with the terms and conditions thereof and plaintiff was dispossessed from t





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