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1964 Supreme(All) 108

GANGESHWAR PRASAD
Kapildeo Rai – Appellant
Versus
Har Narain Ahir – Respondent


Advocates:
R. Pandey, for Appellant; L. N. Pande, for Respondents.

Judgement

JUDGMENT :- These are eighteen connected appeals arising out of eighteen connected and consolidated suits. The trial court disposed of the suits by a common judgment and the appeals against the judgments and decrees of the trial court were likewise disposed of by a common judgment by the court of first appeal. I also propose to deal with these appeals by a common judgment.

2. The suits were filed by Zamindars and tenants of village Indarpur against the residents of village Cheruiyan for perpetual injunction restraining the defendants from interfering with the plaintiffs' possession over certain plots of agricultural land and in the alternative for possession, village

Indarpur lies to the east while village Cheruiyan, lies to the west of river Sarju, in the district of Ballia. It was alleged by the plaintiffs that the land in. dispute which was formerly on the eastern side or river sarju and which used to remain submerged under water of the river during rainy season was transferred to the western side as a result of a sudden change in the course of the river in 1941. The land, however, remained identifiable and continued to be in possession of the plaintiffs. in November 1952


































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