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2007 Supreme(All) 3028

TARUN AGARWALA
VISHWANATH – Appellant
Versus
SULTAN – Respondent


Advocates:
Counsel :
R.S. Mishra for the Appellants; Sankatha Rai, Santosh Kumar Mishra, R.N. Tiwari and N.N. Mishra for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—The plaintiff filed a suit for demolition of the construction raised by the defendant on the plot in question and also prayed for possession and for a permanent injunction restraining the defendants from interfering in the possession of the plaintiff over the plot in dispute. The plaintiff alleged that they had purchased the plot from the respondent Nos. 4 to 7 vide a registered sale-deed 20.7.07 and that the defendant Nos. 1, 2 and 3 forcibly occupied the premises and placed three chappars on the land in question.

2. The defendants resisted the suit and submitted that they had been in possession of the plot from the time of their ancestors and that the construction on the plot is not a new one and that it was in existence since the time of their ancestors. The defendants further submitted that the disputed land was excluded by them from the scheme of consolidation before the Consolidation Authority and that the plot now assumed the character of an abadi. The defendant further submitted that the defendant Nos. 4 to 7 had never been in possession and had no right to execute the sale-deed in favour of the plaintiff. The defendant further contended th




































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