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1975 Supreme(All) 214

K.C.AGRAWAL, YASHODANANDAN
State of U. P. – Appellant
Versus
Ram Sri – Respondent


Advocates:
Standing Counsel for Appellant; Shanti Bhushan, for Respondents.

Judgement

K. C. AGARWAL, J.:- This is an appeal filed by the State of U. P. against the judgment and decree of the learned Civil Judge, Etawah, dismissing the suit. The suit filed initially by the State of U. P. and Gaon Sabha, Mauza Vedpura (hereinafter referred to as plaintiffs Nos. 1 and 2) on 6-1-1959 for the reliefs of declaration that the plaintiffs Nos. 1 and 2 were the owners in possession of the plots situated in Mauza Vedpura, Pargana and district Etawah, and permanent injunction restraining the defendant not to interfere in the ownership and possession of the plaintiffs Nos. 1 and 2. The plaintiffs, in the alternative, also claimed that if they were not found in possession over the plots in dispute, including the trees standing thereon, they might be given possession over the same excluding buildings. The suit was filed with regard to the following plots mentioned in the Chart given below. The said Chart would indicate the area of these plots separately as well as their character, as mentioned in the plaint.


Plot No. Area Character of plots


101 2.71Dec. Usar

102 1.63 Dec. Abadi

103 1.89 Dec. Banjar

104 .14 Dec. Abadi

105/1 .39 Dec. ..

199/1 3.60 Dec. Usar/by amendment added.

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