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1977 Supreme(All) 286

B.N.SAPRU
Arshad Ali Khan – Appellant
Versus
State of U. P. – Respondent


Advocates:
G.P. Bhargava, for Appellant; S.C., for Respondent.

JUDGMENT :-

These five second appeals are connected and can be decided together. The plaintiff is the State of Uttar Pradesh. Its case was that it was the owner of the disputed land which forms part of the Right Bhakra Canal. It leased out land to the defendants on various dates. According to its case, it leased out two plots of land to Arshad Ali on 25-9-1951 for three years. It further leased out a plot of land to Jaswant Singh defendant for three years on 10-7-1962. There was a lease executed in favour of Munshi Lal by the State on 10-7-1952 for three years and another lease executed in favour of Imtiaz Husain for a period of three years on 10-2-1952. In the case of Ram Prasad it is said that the plaintiff State leased out a plot to him on 10-7-1952 for a period of three years. The plaintiff s case was that the defendants other than Ram Prasad had encroached on land adjacent to the plots leased out to them as shown in the site plan attached to the plaint. It is further the case of the plaintiff that under the terms of the lease the defendants were permitted to make temporary constructions on the leased out plots, but that the defendants in contravention of the terms of the lease




























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