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1978 Supreme(All) 190

V.N.VERMA
KRISHNA PRASAD – Appellant
Versus
PARAS NATH AND ONE ANOTHER – Respondent


V. N. VERMA, J.

This revision has arisen out of proceedings under sec. 145 Cr. P. C.

The subject-matter of dispute in this case is a shop which is part of a building known ad House No. 72, Zero Road, Allahabad. The entire building belongs to the applicant. According to him, he had let out the disputed shop to one Imtiyaz. It appears that this Imtiyaz in his turn sub-let it to one Ram Subhag Gupta. The applicant filed a suit (Suit No. 631 of 1960) against Imtiyaz and kam Subhag Gupta for their ejectment in the Court of Munsif (West) Allahabad. That suit was decreed on 9-4-63. Imtiyaz went up in appeal, but his appeal was dismissed on 4-10-63. After the appeal of Imtiyaz was dismissed, opposite party Paras Nath Tripathi came in the picture. He started saying that he was the owner of the disputed shop by adverse possession and the applicant has no concern with it. He even filed a suit (Suit No. 63 of 1964) against the applicant and prayed for an injunction to restrain him from taking possession of the disputed shop from Imtiyaz in execution of the decree which he had obtained against him. His suit was dismissed by the trial court on 20-2-70. He went up in appeal (Civil Appeal No. 338


















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