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1977 Supreme(All) 13

M.P.MEHROTRA
Sidh Nath Shukla – Appellant
Versus
Roop Rani – Respondent


Advocates:
V.C. Mishra for Appellants; K.C. Saxena for Respondents.

JUDGMENT :- This second appeal has been filed by the plaintiff-appellants. The trial court decreed the suit against all the defendants. The lower appellate court, however, allowed the appeal filed by some of the defendants and modified the decree. The suit remained decreed against some of the defendants but was dismissed against the other defendants. Feeling aggrieved, the plaintiffs have now come up in the instant second appeal and contention is that the decree passed by the lower appellate court should be set aside and that of the trial court be restored.

2. The brief facts are these:-

3. The plaintiffs alleged that in between the two lines shown by letters AB and MN in the site plan annexed to the plaint and to the north of K L and A G there had always been an open Sehan which was used by them and other residents of the Mohalla as a common Sehan for holding Panchayats, for the stay of the Barats and for feeding marriage parties and for various other purposes. It was further alleged that the defendants No. 8 Budh Sen had his house in the locality shown at figure X in the site plan. The houses of Ram Nath Shukla and Budha Nai were situated at the places shown by letters Z and Y in t










































































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