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1966 Supreme(All) 114

GYANENDRA KUMAR
Jia Lal – Appellant
Versus
State of U. P. – Respondent


Advocates:
B.P. Gupta, for Applicant; D.S. Chaudhary, for Opposite Party No. 2.

Judgement

ORDER :- These three revisions can be disposed of by a single judgment, inasmuch as they arise out of a single proceeding.

2. Jia Lal, (who is applicant in all these three revisions) filed a complaint on 22-5-61 under S. 447 and certain other sections of the I. P. C. against Allah Bux and Pancham, opposite parties, before the Nyaya Panchayat Pachgain on the allegations that he was the owner of plot No. 171 situated in village Garhi Harnather and that the aforesaid accused had unlawfully constructed their houses thereon. The two accused set up a plea that they had been granted permission by the complainant's mother Smt. Bhagwani Devi to construct their houses for which they had paid due consideration to her Karinda Sheru (opposite party No. 2 in Revision No. 1713). In support of their contention they respectively filed ijazatnamas Exts. Kha-1 and Kha-2 said to have been executed by the applicant's mother in their favour. Later on the jurisdiction of the Nyaya Panchayat was quashed with the result that the complaint was transferred to the court of the Judicial Magistrate, Jalesar in whose court as well, the two accused relied upon the alleged ijazatnamas Exts. Kha-1 and Kha-2





















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