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2016 Supreme(All) 3961

RAGHVENDRA KUMAR
Krishna Behari – Appellant
Versus
Urmila Devi – Respondent


Advocates Appeared:
For the Appellant :- Subhash Chandra Tiwari,Lallan Prasad Singh,Suresh Chandra Varma
For the Respondent:- Prakash Chandra Shukla

JUDGMENT

Raghvendra Kumar,J.

Heard learned counsel for the appellant and learned counsel for the respondents.

2. Initially the plaintiff-appellant, Kishna Behari instituted Original Suit No. 1602 of 1999 against Smt. Chandrawati and others for the relief of permanent injunction. The suit was dismissed vide order dated 27.4.2011 passed by the Addl. Civil Judge ( Jr. Division), Court No. 15, Allahabad. Being aggrieved by the aforesaid order, the plaintiff-appellant preferred First Appeal No. 1136 of 2011 against Smt. Urmila Devi and others which too has been dismissed by the Addl. District Judge, Court 19, Allahabad vide order dated 29.7.2016 and the judgment and order passed by the learned trial court was affirmed. Being aggrieved by the judgment and order passed by the courts below, the instant appeal is before this Court.

3. Learned counsel for the appellant submits that the plaintiff-appellant is the owner of Araji Nos. 136 and 260 and is recorded in the revenue record as Bhumidhar. It is submitted that so long entry continues, it is to be treated to be valid and there shall be presumption under section 57 of the U.P. Land Revenue Act about the correctness of the entry. The plaint







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