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1976 Supreme(All) 50

G.D.SRIVASTAVA
Bhagwat Prasad – Appellant
Versus
Damodar Das – Respondent


Advocates:
Shambhu Prasad and Krishna Murari Sinha, for Appellant; B. Dayal and Vishnu Sahai, for Respondents.

JUDGMENT:- This is a plaintiff's second appeal against the judgment of the Ist Additional Civil Judge Bulandshahr. The appellant brought a suit in the court of Munsif Bulandshahr for demolition of certain constructions raised by respondents l and 2 in a strip of land in front of their house. The admitted facts of the case are that Vidya Ram in respondent No. 4 was the original owner of a plot of land shown by letters A-B-C-D in the plaint map situated in Dadri town. He divided his plot into five portions, and sold one plot to respondent No. 1, two portions were sold to the plaintiff-appellant and the forth portion was sold to respondent No. 3, while the last portion was retained by respondent No. 4 for himself. To the north of these portions, a strip of land 10 feet in width was provided for the benefit of all the purchasers and according to the plaint case, it was agreed upon that no constructions would be made on this strip of land by any purchaser. Respondents 1 and 2 made certain constructions on the said strip of land including a latrine. The plaintiff, therefore, sued for demolition of these constructions. The suit was contested by respondents 1 and 2 on various grounds. The









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