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1987 Supreme(All) 198

K.P.SINGH
Mohit Koiry – Appellant
Versus
Dhanrajia – Respondent


Advocates appeared:
S.K. Verma, S.N. Srivastava

JUDGMENT

K.P. Singh, J.

1. Mohit Koiry filed the suit claiming the disputed land as his Bhumidhari. It has been alleged in the suit that the defendant Mst. Dhanrajiya wrongly refuted the agreement and succeeded in obtaining withdrawal of Bhumidhari certificate granted to her after the execution of the sale deed in favour of the plaintiff, therefore, the withdrawal of Bhumidhari sanad was not binding upon the plaintiff and that the defendants threatening to interfere with the plaintiff's possession over the disputed land, hence the suit for permanent injunction restraining the defendant from interfering with the plaintiff's possession.

2. The defence in the suit was that the plaintiff had no cause of action and that the plaintiff was trying to grab the disputed land, therefore, he succeeded in obtaining Bhumidhari Sanad in respect of the disputed land by presenting an unknown woman and got a forged and fictitious sale deed in his favour and that the plaintiff was neither Bhumidhar nor in possession of the disputed land and various other pleas were taken to negative the claim of the plaintiff as is evident from the issues framed in the judgment of the trial court.

Both the courts belo





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