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1935 Supreme(All) 46

GANGA NATH
Braj Kishore Upadhia – Appellant
Versus
Panohaiti Akhara Maha Nirwani Firqa Goshaiyan Naga through Mahant Ganpat Bharthi – Respondent


JUDGMENT

Ganga Nath, J. - This is a defendants' appeal and arises out of a suit brought against them by the plaintiff-respondent for possession over plot No. 196 of Abadi and Parti land described in the plaint by removal of the defendants' cattle troughs and thatch. The parties were co-sharers. A. partition took place between the parties and other co-sharers in 1926. The plot in dispute was allotted to the patti of the plaintiff at the time of the partition. There was at the time of partition a Bagar of the defendants" on the plot in dispute. The plaintiff brought this suit on the allegation that he was obstructed by the defendants when he wanted to make some constructions on the plot in dispute. The defendants contended that they had their Bagar on the plot in suit and therefore they had a right to remain in possession. The trial Court decreed the suit partly for possession over the plot except over that portion on which the defendants' chhappar stood. A cross-objection was filed by the plaintiff and an appeal by the defendants. The learned Additional Subordinate Judge allowed the cross-objection and dismissing the defendants' appeal, decreed the suit. Against this decision, this a

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