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1974 Supreme(All) 136

M.P.MEHROTRA
Gajraj – Appellant
Versus
Ramadhar – Respondent


Advocates:
V.K.S. Chaudhary, for Appellants; Narendra Pratap Singh, for Respondents.

Judgement

JUDGMENT :- This first appeal from order is directed against the order of the lower appellate court allowing an appeal and remanding the suit to the trial court with certain directions.

2. The brief facts are these. The plaintiffs-respondents sued for possession of a piece of land and mesne profits.

They alleged that the land in suit formed part of plot No. 50-B. The boundaries of the disputed land were given in the plaint. The defendants Nos. 1 to 3 were alleged to have taken illegal possession of the land in dispute which formerly had certain structures standing thereon, but after the structures fell down, it was in the shape of a khandhar. The said defendants started raising new constructions and thus arose the necessity for filing the suit. The defendants contested the suit and they denied that the land in dispute formed part of plot No. 50-B. According to them, it formed part of plot No. 51. They attacked the boundaries given in the plaint as vague and incorrect and contended that the land in dispute was part of their house and had been in their possession since long. Certain other pleas were also raised. The trial court framed the necessary issues and tried the suit. I






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