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1982 Supreme(All) 348

DEOKI NANDAN
Khangar Singh Alias Khurran Singh – Appellant
Versus
Kitab Singh – Respondent


Advocates Appeared:
V. B. Gupta, S. K. Gupta, A. P. Singh

JUDGMENT

Deoki Nandan, J.

1. THIS is a plaintiff's second appeal in a suit for injunction prohibiting the defendants from preventing the plaintiff from constructing his dehliz and further prohibiting him from discharing the water of the parnalas and the mori of house No. 24 on the rasta land and from tethering his cattle on any part or portion thereof. A further relief for demolition of a Kotha, varandah and chabutara which was said to have been erected on a rasta on plot no. 25 during the pendency of the suit was added by an amendment of the plaint. The suit had undergone some vicissitudes. By judgment dated 9-12-1966, it was decreed for demolition of the construction D-1 to X 1 and X 1 and X 2 as shown in the map paper No. 47-A2, and also for an injunction restraining the defendants from interfering with the plaintiff's construction of his dehliz on the land in suit. On appeal, by a judgment dated 17-2-1968, the trial court's judgment dated 9-12-1966 was set aside and the suit was remanded for a fresh trial. After remand, the suit was partly decreed by judgment dated 17-3-1969. The construction which had been ordered to be demolished by the earlier judgment was again ordered to be









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