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1972 Supreme(All) 128

T.S.MISRA
Chhedi – Appellant
Versus
Indrapati – Respondent


Advocates:
Brijesh Kumar, for Appellant; H.D. Srivastava, for Respondent.

JUDGMENT :- This appeal is directed against the decision of the Civil and Sessions Judge, Linked Court of Gonda-Bahraich at Gonda, allowing the appeal of the plaintiff respondent and reversing the decree passed by the trial Court by which the plaintiff's suit was dismissed. The facts giving rise to this appeal may be, briefly, stated as follows:

The plaintiff alleged herself to be the sirdar of several plots situated in village Basantpur, Pargana Tulsipur and the defendant had no right, title and interest in the same. She contended that the defendant filed a false suit in the Court of the Judicial Officer, Balrampur under Section 209 of the U.P. Zamindari Abolition and Land Reforms Act on 29th September, 1961 against the plaintiff and on 30th September, 1961 he filed a compromise purporting to have been arrived at between the parties in the suit. She, however, did not have any knowledge of the institution of the suit or of the compromise petition. In the month of October, 1964, the defendant started interfering with her possession on the land in question on the basis of the compromise decree and then she came to know that some case was filed by the defendant. She got the file of the








































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