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2015 Supreme(All) 3563

ANJANI KUMAR MISHRA
Ayodhya Prasad – Appellant
Versus
D. D. C. – Respondent


Advocates Appeared:
For the Appellant : V.K.S. Chaudhary, Kunal Ravi Singh, R.K. Singh, R.S. Maurya and Ramesh Singh
For the Respondents: S.C., A.N. Misra, Chandra Kumar Rai, Faujdar Rai, Hari Shankar Mishra and N.P. Pandey

JUDGMENT

Anjani Kumar Mishra, J.

1. Heard Shri Kunal Ravi Singh, learned Counsel for the petitioner and Shri C.K. Rai, learned Counsel for the respondents. The dispute in the writ petition relates to khata Nos. 28 and 29 of village Taunga Kalan, Pargana Khairagarh, District Allahabad.

2. Only some of the plots of the aforesaid khata are said to be in dispute namely, 241/2, area 1-3-10 of Khata No. 28 and plots Nos. 49/1, 124/1, 125/1, 125/2, 126, 127/1, 131, 145, 157, 163M, 164, 165, 176, 244, 256 and 292, total of 16 plots having an area of 14-3-0. In the basic year record, the name of the Ayodhya Prasad, the petitioner was not recorded over khata No. 28 while over the khata No. 29 the name of Ayodhya Prasad, Smt. Sahdei widow of Sarju Prasad, and Smt. Lohari widow of Babu Lal were recorded as sirdar. There was an entry under class-9 in favour of the respondents who were to be found in possession during portal.

3. An objection under section 9-A (2) was filed by the respondents claiming title to the aforementioned plots on the basis of adverse possession. The respondents also claimed 1/3rd share in khata No. 29 on the basis of a sale-deed dated 20.7.1968 alleged to have been executed b
















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