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1973 Supreme(All) 100

S.MALIK
Jagat Singh – Appellant
Versus
Karan Singh – Respondent


Advocates:
N.P. Pant and S.N. Dowal, for Appellant; S.S. Bhatnagar, for Respondents.

JUDGMENT :- This is a plaintiff's appeal against the judgment dated 13-5-1965 of the Civil Judge, Tehri-Garhwal, allowing the respondents' appeal and setting aside the judgment of the Trial Court decreeing the plaintiff's suit for a permanent injunction restraining the defendant-respondents from interfering with his possession of the property in suit.

2. The following pedigree is relevant :-


Admittedly, the property in suit which is Khaikari or sub-tenancy land, was part of erstwhile Tehri-Garhwal State situate in Uttar Kashi and, therefore, in view of the provisions of Section 6 of the Tehri-Garhwal Administration Order the laws in force in Tehri-Garhwal State continued to remain in force and were actually in force on the date the suit was filed.

3. Admittedly, the land in suit was the sub-tenancy of Jeet Ram who died issueless. Jagdish alias Jagat Singh plaintiff-appellant was brought up by Jeet Ram and his wife Rup Dei since Jagat Singh was a boy aged about 12 years and Jagat Singh used to live in the house of Jeet Ram as a member of his family and used to look after his cultivation even after his death in the lifetime of Rup Dei and Jagat Singh's name appears to have been mutated






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