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2001 Supreme(All) 652

KAMAL KISHORE
BRAHMA DATT – Appellant
Versus
HARIDWAR – Respondent


Advocates Appeared:
S.M.K.CHAUDHARY, SALIL K.SRIVASTAVA, T.A.Khan, Z.JILANI,

KAMAL KISHORE, J.

This is a Second Appeal against the judgment and decree dated 3-4-1982 passed by Sri Harish Chandra the then learned District Judge, Bahraich, dismissing the appeal and confirming the judgment of the learned trial Court in Suit No. 227 of 1977, dismissing the plaintiffs suit.

2. The facts giving rise to the appeal are that the plaintiffs appellants have filed the suit for injunction. Later on the relief for possession was also added before the learned trial Court. It appears that the plaintiff has originally filed the aforesaid suit for permanent injunction with respect to the land specified in para No. 1 of the plaint claiming themselves to be the bhumidhars in possession over the disputed land. Their allegations were that the defendants have got nothing to do with this land but they have been threatening to interfere in their possession over it. As such the relief claimed by them was that the defendants be permanently restrained from interfering in their possession over the disputed land. Through amendment of the relief clause the plaintiffs prayed that in case in the opinion of the Court the plaintiffs are not found in possession over the disputed land then the










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