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S. N. SINGH
Sahdeo Pande – Appellant
Versus
Government of Uttar Pradesh – Respondent
JUDGMENT
S.N. Singh, J. - This is a plaintiff's appeal in a suit for injunction in respect of plot Nos. 77, 78 and 79 total area 750 links situate in village Nasiruddinpur, Pargana Mohamme-dabad, district Azamgarh.
2. The case of the plaintiffs is that the plots in dispute were the khudkasht plots of one Kuber Singh which, through a sale deed dated 29th May 1911 and an exchange deed dated 6th March 1943 came to the plaintiffs, and he became the khudkasht-holder of these plots. In these khudkasht plots the plaintiffs dug a Bawali and over the Bhita of that Bawali they planted trees in large numbers with the result that the Bhita part of the land became its grove of the plaintiffs. It is said that after the passing of the U.P. Zamindari Abolition and Land Reforms Act they became bhumidhars of the grove but the Lekhpal had recorded the land in suit as Bhita and Talab and had entered the name of the plaintiffs in the remarks column of Khasra 1359F. It is further stated that by virtue of an order dated 26th November 1958 passed by the Sub-Divisional Officer the land had been entered as the property of the Gram Samaj which had begun interfering with the possession of the plaintiffs; hence
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