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2004 Supreme(All) 2481

TARUN AGARWALA
Ramji Rai – Appellant
Versus
Jagdish Mallah – Respondent


Advocates Appeared:
For the Appellant : S.N. Singh, R.N. Singh and Bimlendra Rai.
For the Respondent: A.K. Shukla, A.N. Bhargava, A.P. Sahi and Reeta Shukla.

JUDGMENT :

Tarun Agarwala, J.

The Plaintiffs filed a suit for a permanent injunction praying that the Defendants be restrained from interfering in the possession of the land in dispute or from raising any boundary wall. It was alleged that the Plaintiffs and the Defendant No. 4 owned a house from the time of their ancestors and that their sehan was towards the South of the said house, which was in their possession much before the enactment of the U.P. Zamindari Abolition and Land Reforms Act, 1950, (hereinafter referred to as the Act). The Plaintiffs further alleged that their palanis, cattle, troughs, etc. existed on the said land and the land was also being utilised for different household purposes. The Plaintiffs also alleged that the disputed land was unbounded and that the Plaintiffs had started the construction of the boundary wall after leaving a small passage between their house and the sehan. The boundary wall could only be constructed till the plinth level as their leave ended and they had to go back to Bombay where they were working. The Plaintiffs alleged that when they came back again to the village they started the constructions again, but this time it was opposed by th




























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