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1967 Supreme(All) 476

S. N. SINGH
Union of India through General Manager North Eastern Rly. , Gorakhpur – Appellant
Versus
Shyam Lal – Respondent


Advocates appeared:
S.K. Tiwari, Advocate, For the Appellant / G.P. Dixit, Advocate, For the Respondent

JUDGMENT

S.N. Singh, J. - This appeal arises out of a suit instituted by the plaintiff respondent for a declaration of his title to the property in dispute and for permanent injunction.

Plaintiff's case was that he was the owner of the house built on the land detailed at the foot of the plaint. It was alleged that the defendant claimed the said land as part of plots Nos. 650 and 651 which had been acquired by the Government of India in the year 1915 for B. N. W. Railway. Plaintiff respondent did not admit that the site of the house was ever acquired by the Government or that the defendant was the owner of the same. It was alleged that in the year 1943 Governor General in Council representing the 0. T. Railway instituted Suit No. 531 of 1943 against Bachai Dubey and another for possession over certain plots including the disputed land and the said suit was decreed. It was further alleged that in execution of that decree the decree-holder wanted to dispossess the plaintiff's father from the land in suit which was resisted. An application under Order 21, Rule 97, C.P.C. had been filed but the same was dismissed. A revision against that order also failed. Thereafter the defendant appell

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