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2017 Supreme(All) 372

ASHWANI KUMAR MISHRA
SHRI CHAND – Appellant
Versus
HARBANS – Respondent


Advocates:
Counsel :
B.B. Paul and A.B.L. Gaur for the Appellant; K.C. Sinha, A.N. Shukla, Murlidhar, S.A. Gilani and V.K. Jaiswal for the Respondents.

JUDGMENT

Hon’ble Ashwani Kumar Mishra, J.—This is an appeal under Section 96 of the Civil Procedure Code by the plaintiff-appellant, challenging the judgment dated 27.5.1986, whereby plaintiff-appellant’s suit for permanent injunction in respect of suit property has been dismissed.

2. The sole plaintiff-appellant instituted Original Suit No. 45 of 1985 with the allegation that he is owner in possession of the suit property, described by letters A, B, C, D in the plaint map. Right over the suit property was claimed on the basis of two lease/(pattas) executed by Gaon Sabha of the same date i.e. 21st April, 1972. Paper No. 10C-1 is the first lease for residential purpose, executed for consideration of Rs. 85, whereas the other lease is Paper No. 10C-2, executed for setting up a flour mill. Both the leases were upon plot No. 150, situated in village Raghunath Pur, and were of 250 sq. yard each. The boundaries of suit property were specified in plaint. The plaintiff-appellant alleged that towards west of suit property situated Khasra No. 149, which belonged to defendant Tularam and






















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