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2021 Supreme(All) 430

SARAL SRIVASTAVA
Vijay Pal – Appellant
Versus
Rajendra Kumar – Respondent


Advocates Appeared:
For the Appellant :Udayan Nandan, Sr. Advocate (Sri Shashi Nandan).
For the Respondent: Mahesh Sharma, Sharad Sinha.

JUDGMENT :

1. Heard Shri Udayan Nandan, learned counsel for the appellants and Shri Dinesh Rai, Advocate holding brief of Shri Mahesh Sharma, learned counsel for the respondent.

2. The plaintiff-appellants have preferred the present second appeal challenging the judgment and decree dated 2.11.2020 passed by the appellate court setting aside the judgment dated 24.9.2016 passed by the trial court decreeing the original suit No. 217 of 2007 (Vijay Pal and others vs. Rajendra Kumar).

3. The brief facts of the case are that the plaintiff-appellants instituted original suit No. 217 of 2007 praying for a decree of mandatory injunction restraining the defendant-respondent from peaceful interference in his possession over plot No. 387 area 0.265 hectare situated in Village Aurangabad Ahir Pargana Agauta, Tehsil & District Bulandshahr. The plaint case was that Buddhi Singh was the owner of the plot No. 387 area 2 bigha 10 biswa situated in Village Aurangabad Ahir Pargana Agauta, Tehsil & District Bulandshahr. One Ajeet Singh and Virendra Singh son of Risal Singh, Buddhi Singh son of Jagat Singh and Jal Singh son of Meer Singh are the descendants of zamindar Fatah Chandra. They had instituted or

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