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SATISHCHANDRA, YASHODANANDAN
Dalla – Appellant
Versus
State of U. P. – Respondent
SATISH CHANDRA, C. J. :- This is a plaintiffs appeal. It arises out of a suit for an injunction and possession.
2. The plaintiff claimed that the land in dispute was included in the chak allotted to him under the Consolidation operations. Defendants 3 to 5 had, in collusion with defendants 1 and 2, illegally constructed a drain over the land in dispute. The plaintiff also claimed damages of Rs. 100/-.
3. Defendants 1 and 2 were the State of Uttar Pradesh and the Executive Engineer, Canal Division, Defendants 3, 4 and 5 were the individuals who are alleged to have committed the wrongful act in collusion with the canal department authorities. The State as well as the canal Department filed one written statement while defendants 3 and 4 filed another written statement. The case of the State was that the land in dispute did not appertain to the plaintiffs chack and that the canal department was entitled to construct the drain. Defendants 3 and 4 pleaded that the plaintiff had no title to the disputed land and that the canal department had rightly constructed the drain.
4. The trial court held that the land in dispute was not part of the plaintiffs chak. The suit was dismissed. Th
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