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2012 Supreme(All) 2921

A.P.SAHI
Jangi Singh – Appellant
Versus
Brij Mohan Singh and Others – Respondent


Advocates:
Counsel for the Appellant : R.C. Singh.

A.P. Sahi, J.;—

Heard Kr. R.C. Singh, learned counsel for the appellant.

This is a defendant's Second Appeal questioning the judgment and decree of the trial Court whereby the Suit filed by the plaintiffs-respondents herein has been decreed and the appeal against the same filed by the defendant has been dismissed by the first appellate court. The suit was for injunction praying that the defendant - appellant herein be restrained from interfering with the possession of the plaintiffs over the land as earmarked in the Plaint, which was being claimed as a "Sahan" adjoining land of the house of the plaintiffs.

Learned counsel submits that the following substantial questions of law have arisen for consideration in this Second Appeal; namely:-

(i)Whether the documentary evidence filed by the defendant was ignored and the Suit could have been decreed only on the basis of the oral evidence adduced by the plaintiff.

(ii)Whether it was necessary for the defendant to have produced either the vendor or his son in the witness-box for proving the alleged sale of the disputed property from the original vendor Chheda Nai; and

(iii)Whether the court below was justified in not treating the disputed land t








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