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1945 Supreme(All) 180

KAUL
Raghubar Dayal – Appellant
Versus
Mst. Mahraja – Respondent


Advocates appeared:
R.B. Lal and M.M. Lal, For the Appellant / Raj Bahadur, Rajeswari Prasad and Sura Narain, For the Respondent

JUDGMENT

Kaul, J. - This is a plaintiffs appeal in a suit brought for possession of three plots of land (Nos. 66, 76 and 24) in Purah Kurmian, a hamlet of Islambari, The trial Court dismissed the suit with regard to plot Nos. 66 and 24, but gave a decree for possession over plot No. 76. The plaintiff appealed to the District Judge against the decree in so far as it related to his claim with regard to plot Nos. 66 and 24, The defendants filed cross-objections against that part of the decree which related to plot No. 76. The plaintiffs appeal was dismissed and the cross-objections were allowed, with the result that the plaintiffs claim was dismissed in its entirety. Dissatisfied with this decision he comes up in second appeal.

2. According to the plaint allegations no building stood upon plots Nos. 66 and 76. The debris of an old house which stood on plot No. 66, and fell down in 1936, was still lying there The appellant's contention was that he war the proprietor of village Islambari and as the defendants had no right to retain possession of the land they should be ejected. With regard to plot No. 24 whereon a house stood at | the time of the institution of the suit, it was alleged th

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