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2004 Supreme(All) 597

TARUN AGARWALA
Manjoor Ali – Appellant
Versus
Kishmat Ali – Respondent


Advocates Appeared:
Irshad Ali, N.C.RAJVANSHI,

( 1 ) THE plaintiff appellants filed a suit for a permanent injunction against the defendants restraining them from interfering with their peaceful possession on the land in dispute as shown in the plaint map. It was alleged that the disputed land was the house of Mst. Maida, who had executed a sale deed dt. 16-5-1933 in respect of her one pai share in favour of the father of the plaintiffs and since then, the plaintiffs were in possession of the same. It was further alleged that the house collapsed about 10 years back. Thereafter, the plaintiffs were using the land for keeping and drying cowdung etc. and for other similar purposes. It was alleged that when the plaintiff started storing the bricks etc. for constructing a new house over the land in question, the defendants started interfering with the plaintiffs possession and tried to take possession.

( 2 ) THE defendant 1st set contested the suit contending that the plaintiffs were never in possession of the land in dispute. The names of the plaintiffs were never recorded in the revenue records on the basis of the sale deed. The house in dispute did not belong to Mst. Maida and her name was never recorded in the village records. T


























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