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2022 Supreme(All) 261

J. J. MUNIR
Sahabal – Appellant
Versus
Budhiram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Faujdar Rai, C.K.Rai
For the Respondent: S.L. Yadav, B.B.Paul, Rajendra Rai, Rajesh Maurya, Shamumul Hasnain, Sheo Ram Singh

JUDGMENT :

1. This is a defendants' second appeal, arising from a suit for recovery of possession and mesne profits.

2. Heard learned Counsel for the appellants and Mr. Rajesh Maurya and Mr. Sheo Ram Singh, learned Counsel appearing on behalf of the respondents.

3. Budhiram, the sole plaintiff-respondent, who is now represented by his heirs and LRs before this Court, instituted Original Suit No.627 of 1995 in the ex-Court of Munsif, Mohammadabad Gohna, District Azamgarh against Sahabal and Ninku, arrayed as the defendants first set, for a decree of possession, directing the defendants first set to the suit to deliver possession of a house and underlying land shown by letters v c l n with boundaries detailed at the foot of the plaint. A further decree was sought praying that the defendants first set be directed to pay the plaintiff mesne profits at the rate of Rs.20/-per month w.e.f. 10.05.1985 till date of delivery of actual physical possession of the suit property.

4. The plaintiff arrayed his brothers, Muktinath and Dhuppu as defendants second set or proforma defendants to the

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