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1979 Supreme(All) 1213

H. N. AGARWAL
Raja Singh – Appellant
Versus
Maqsood Jahan Begum – Respondent


Advocates appeared:
Hari Shankar, Advocate, for the Appellant

JUDGMENT

H.N. Agarwal, Member. - This is a second appeal against the order and decree dated April 14, 1972, passed by the Additional Commissioner, Allahabad Division, in appeal No. 51/77 of 1970-71.

2. I have heard the learned counsel for the appellant and the learned counsel for the Nagar Mahapalika, Kanpur and have gone through the record. The remaining respondents have not appeared to contest the appeal in spite of due service.

3. Respondent No. 1, Smt. Maqsoodjahan Begum Paliwal had filed a suit claiming to be Bhumidhar of plot No. 940 situated in village Chanderi on the basis of a registered sale deed dated October 27, 1960, executed in her favour by the previous Bhumidhars, Sri Rameshwar Nath Tandon and his son Prithvi Nath Tandon, respondent No. 2, She sought the ejectment of Raja Singh, defendant-appellant as a trespasser from the land in dispute. Raja Singh contested the suit on the ground that he himself was in possession of the disputed property as Bhumidhar on the Basis of a sale deed executed in his favour on October 23, 1961 by Hira Lal Khanna and that Hira Lal Khanna was in possession of the disputed property from October 7, 1960 on the basis of a sale deed executed i

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