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1949 Supreme(All) 228

P. L. BHARGAVA, SAPRU
M. Ziauddin Ahmad – Appellant
Versus
Jagmohan Ram – Respondent


Advocates appeared:
Gajadhar Prasad Bhargava, For the Appellant / Ambika Prasad and Harnandan Prasad, For the Respondent

JUDGMENT

P.L. Bhargava, J. - This appeal has been filed by Munshi Ziauddin and others, who were plaintiffs-in a suit instituted by them, in the Court of the Munsif of Mohammadabad Gohna at Azamgarh, against Jagmohan Ram, the defendant-respondent for obtaining (1) a perpetual injunction directing the defendant to demolish certain enclosures and walls, constructed by him on sub-plots Nos. 12 and 13, which form part of the abadi plot No. 440 in village Baragaon, in the district of Azamgarh, and to have no concern with a garhi in plot No. 887 of the same village; and (2) a decree for possession over the plots aforesaid. Admittedly, the parties are co-sharers in village Baragaon, and there has been a perfect partition in the village and the abadi plot No. 440 has also been partitioned, as a result of which different portions of it have been allotted to different mahals and khewats.

2. The plaintiffs claimed to be the owners of sub-plot No. 12. This claim was contested; but it is no longer disputed that the plaintiffs are the owners of the said plot. The plaintiffs alleged that they had been exercising certain rights over the plot; but they have not been able to substantiate their allegati

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