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1985 Supreme(All) 892

OM PRAKASH
Shri Dayal – Appellant
Versus
Harish Chandra – Respondent


Advocates appeared:
Kameshwar Prasad, for the Appellant; G.C. Gahrana, for the Respondent

JUDGMENT

Om Prakash, J. - This is a second appeal against the judgment and decree dated 18.02.1974 of the learned Civil judge, Mainpuri arising out of a suit filed by the Plaintiff-Respondent for recovery of possession of the suit land as described at the foot of the plaint.

2. The plaint case is that the suit land is situated in plot no 4273. The plaint was amended, Before amendment, the Plaintiff claimed possessory title over the land in suit After the amendment, the Plaintiff claimed to have acquired ownership by adverse possession. The Plaintiff claimed that he had purchased the suit land under a sale-deed in the year 1959 from one Chhote Lal who acquired the same under a Sand in the year 1949 from the Rani of Manipuri. Proceedings u/s 145 Code of Criminal Procedure Were initiated by the Plaintiff when the Defendant No. 1. made an attempt to dispossess the Plaintiff on the baiss of the sale deed date 30.05.1964 which was executed in his favour by the Defendant No. 2. The said proceedings were decided in favour of the Defendant No. 1. realizing that the proceedings u/s 145 Code of Criminal Procedure would adversely affect his right, title or interest, the Plaintiff filed the suit

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