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1987 Supreme(All) 1140

D. S. BAJPAI
Ram Krishna Srivastava – Appellant
Versus
Ramanand Others – Respondent


JUDGMENT

(D.S. Bajpai, J.)

1. This is a plaintiff's second appeal Against the judgment and decree dated 19.1.1978 passed by the 1st Additional District Judge, Sitapur allowing Civil Appeal No. 128 of 1976 and setting aside the judgment and decree dated 26.2.1976 passed in Original Suit No. 210 of 1971 by which the plaintiffappellant's suit for permanent injunction to restrain the defendantrespondents 1 to 3 from taking possession of the land in dispute was decreed. Briefly stated, the facts of the case were that the plaintiff filed a suit for permanent injunction to restrain the defendants 1 to 3 from dispossessing the plaintiff from the disputed land shown by letters ABCD in the plan attached with the plaint, situate in Mohalla Vijai Luxmi Nagar, Sitapur either by digging foundation or by making any constructions thereon in any manner whatsoever, on the allegation that the father of the plaintiff, Gur Prasad, had purchased plot No. 236 as Karta of the H.U.F. from Srimati Prem Lata and Virendra Nath Saxena by a registered saledeed on 17.12.1958. It was averred that Sri Gur Prasad retired from collectorate, Sitapur where he was serving as an official and that he had no personal assets

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