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2021 Supreme(UK) 556

SHARAD KUMAR SHARMA
Indian Oil Corporation Limited – Appellant
Versus
Mamta Goel – Respondent


Advocates Appeared:
Mr. V.K. Kohli, Senior Advocate assisted by Mr. Kanti Ram Sharma, Advocate, for the Appellant.

JUDGMENT

Sharad Kumar Sharma, J. - This is a defendant's Second Appeal, which has been preferred, being aggrieved against the judgment and decree dated 18.02.2021, as has been rendered by the Court of Additional District Judge, 3rd, Dehradun, in Civil Appeal No. 31 of 2017, Indian Oil Corporation Limited Vs. Shri Pankaj Gupta and others, by virtue of which, the Appeal which was preferred by the defendant/appellant, was dismissed and, as a consequence thereto, it has affirmed the judgment and decree dated 31st May, 2007, which was rendered by the Court of learned 2nd Additional Civil Judge (Senior Division), Dehradun, in Suit No. 155 of 2000, Pankaj Gupta and others Vs. I.B.P. Co. Ltd.

2. Brief facts of the case are, that the plaintiff/respondents, herein, on 4th April, 2000, had instituted a Regular Civil Suit, before the Court of Civil Judge (Senior Division), Dehradun, praying for the grant of decree of eviction of the defendant/appellant and all their other agents, allies and person attached to their office, from the Suit land, which was described in the schedule of the property of the plaint. The actual possession of which was said to be delivered by the plaintiff/respondent, and

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