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1964 Supreme(All) 412

S. S. DHAVAN
Prabhu Dayal – Appellant
Versus
Gaon Samaj, Tandarpore – Respondent


Advocates appeared:
D.L. Misra, S.C. Verma, Advocates, For the Appellant / S.C, For the Respondent

JUDGMENT

S.S. Dhavan, J. - Prabhu Dayal has filed this second appeal from the decision of the Fourth Additional Civil Judge, Kanpur confirming a decree of the trial Court dismissing his suit for a permanent injunction to restrain the Gaon Samaj of Tandarpore from taking any steps for the recovery of a sum of Rs. 600/- which was directed to be recovered from him by the Sub-Divisional Officer of Akbarpur under Rule 115-D of the Zamindari Abolition and Land Reforms Rules for an alleged act of cutting and removing certain trees belonging to the Gaon Samaj. The plaintiff alleged in his plaint that his father purchased nine mango trees and one sarsa tree for a sum of Rs. 50/- by a sale deed in the year 1899 A. D. that after his father's death he had inherited the title to these trees and had been in proprietary possession ever since; that he had been cutting the trees in this grove from time to time as they dried up, that a villager by the name of Jai Ram Singh maliciously and falsely laid information against the plaintiff that he had cut and sold 10 to 12 green neem, mango, and sarsa trees and caused the Government loss; that the Sub-Divisional Officer Akbarpur after calling a report fro

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