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1984 Supreme(All) 786

K. S. VARMA, KAMLESHWAR NATH
Girja Dayal Awasthi – Appellant
Versus
Reshma Begam – Respondent


Advocates appeared:
S.P. Pathak, Umesh Chandra, Samir Sahay, and M. Shaparji, Prashant Chandra, Advocates, for the Appellant; S.M. Fakhr-uz-Zaman, Advocate, for the Respondents

JUDGMENT

K.S. Varma, J. - This is a plaintiffs appeal arising out of a suit filed by him for possession over plots Nos. 105 and 106 by demolition of certain constructions made by the defendants. The suit was dismissed by the trial court by judgment and decree dated 18-10-1965. The plaintiff aggrieved by the said decree has filed the present appeal.

2. A close scrutiny of the case discloses that on the 7th Dec. 1931 one Kunwar Bahadur Singh who was an intermediary of village Bhilawan, Tahsil and District Lucknow granted a lease-Theka in respect of plots Nos. 105 and 106 for 99 years in favour of one Sheo Dutt Rai. This lease-Theka was effected by a registered deed. Subsequently, by registered deed dated 15-1-1946 Sheo Dutt Rai transferred all his rights held by him under the deed of lease dated 7-12-1931 in favour of the plaintiff and one Onkar Mall on an annual rent of Rs. 70/- and by another registered deed dated 4-6-1948 Onkar Mall relinquished all his rights in favour of the plaintiff who thereupon became entitled to all rights covered by the deed of lease dated 7-12-1931 referred to in para 1 of the plaint. The plaintiffs case is that defendants 1 and 2 taking advantage of the p

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