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1966 Supreme(All) 45

K. N. SHARMA, G. D. SAHGAL, M. C. DESAI
Mosim Ali – Appellant
Versus
Ganga Prasad – Respondent


Advocates:
B.K. Dhaon, M.K. Seth and M.L. Trivedi, for Appellants; R.N. Shuka, B.L. Shukla and M.M. Krishna, for Respondent.

Judgement

G. D. SAHGAL, J. : This second civil appeal has come up before this Bench for disposal. The learned single Judge before whom it came up referred it to a Full Bench in view of the conflict between two Division Bench cases of this Court, viz. Hub Lal v. Mst. Dulara. 1954 All LJ 762 and Durgapal Singh v. Kunwar Julian Singh, (8) 1957 All 257 as according to him, the result or the appeal depends on whether one or the other or the two decisions was correct.

2. The dispute relates to plots Nos. 558/1, 558/2, 565/1, 566/1, 566/2 and 567/2. The plaintiffs-respondents Nos. 1 to 5 filed a suit against the defendants-appellants with respect, among others, to these plots for possession and damages. They claimed that they were the sirdars of these plots and were in possession having obtained the same on the 19th of October, 1947, in execution of a decree in a suit for ejectment against the appellants filed in the year 1946. They claim to have been dispossessed thereafter in the year 1955 as a result of which this suit was filed. The claim of the defendants-appellants, however, was that they were the subtenants of these plots and had continued to be so all along without ever being dispos
























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