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1934 Supreme(All) 113

BENNET
Ghulam Mustafa – Appellant
Versus
Syed Khurshed Ali – Respondent


Advocates appeared:
Shambu Prasad, For the Appellant / Dr. Waliullah for Opposite party, For the Respondent

JUDGMENT

Bennet, J. - This is an application in civil revision by a judgment debtor. The Plaintiff sued for possession of certain land which he claimed as his own, and for demolition of a building made on that land by the Defendant. The two lower Courts decreed the suit on condition t lat the Plaintiff should pay compensation to the Defendant for the building. The Plaintiff appealed and a learned single Judge of this Court allowed his appeal and granted a decree to the Plaintiff for possession without payment of compensation. The decree laid down:

The Defendant will be entitled to remove the materials from the land within three months from today, and on his failure to do so the Plaintiff will be entitled to remove them with the help of the Court and the costs incurred in their removal will have to be paid by the Defendant, or the Plaintiff if he so chooses, will be entitled to obtain possession of the land with the building standing thereon.

2. A Letters Patent appeal was brought by the Defendant but was dismissed. Subsequently the Defendant applied to the Letters Patent Bench for extension of the period during which he might apply for removal of the materials of the building, and on

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