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2019 Supreme(All) 2784

AJAY BHANOT
Savrunisha – Appellant
Versus
Bhola Nath – Respondent


Advocates Appeared:
For the Appellant : Narendra Kumar Chaturvedi and Vivek Singh Shrinet
For the Respondents: Umesh Chandra Tripathi

JUDGMENT :

Ajay Bhanot, J.

1. The second appeal arises from a judgment and decree dated 11.2.2016 passed in Civil Appeal No. 85 of 2015 (Bhola Nath v. Savrunisha and others), rendered by the learned Appellate Court, allowing the appeal after reversing the judgment and decree dated 30.7.2015, passed by the learned Trial Court in Original Suit No. 718 of 2007 [Mohd. Rafeeq (since deceased) Through L.Rs. v. Bhola Nath], The Appellate Court dismissed the suit of the plaintiffs-appellants. The learned Trial Court had decreed the suit, by granting an injunction in favour of the plaintiffs-appellants.

2. The suit was originally instituted by one Mohd. Rafeeq.

3. The plaintiff had filed a suit for injunction against the defendant-respondent, from interfering in his possession, over the property in dispute.

4. The suit was registered as Original Suit No. 718 of 2007 [Mohd. Rafeeq (since deceased) Through L.Rs. v. Bhola Nath], before the learned Additional Civil Judge, (Junior Division), Court No. 2, Gorakhpur.

5. The plaintiff asserted that he was a tenant of the defendant-respondent in the disputed premises. The defendant respondent was trying to evict him forcibly, by recourse to illegal means.

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