C.K.PRASAD
CHANDRAWATI WD/o SURJANRAM – Appellant
Versus
GANESH PRASAD LAKSHMI FRASAD – Respondent
( 1 ) THIS is plaintiffs (since dead) second appeal under section 100, Civil Procedure Code. He died during the pendency of the appeal and this appeal is being pursued by his legal representatives. Plaintiff filed the suit for recovery of possession of agricultural land having an area of 10. 24 acres situated in village Soor in the district of Sarguja from defendants 1, 2 and 6. He further prayed for the relief of mesne profits at the rate of Rs. 500/-per year from the defendants excepting defendant No 7. Further relief sought for by him was that the auction sale held by defendant No. 4 of 14. 5. 1976 in relation to survey plot nos. 554,555,557 and 2528 be declared null and void. Second Civil Judge, Class II Ambikapur (Sarguja) by judgment and decree dated 27. 12. 1983 passed in Civil Suit No. 88-A/70 decreed the suit. Defendants 1, 2 and 6 being aggrieved by the same preferred appeal and the Second additional District Judge, Ambikapur (Sarguja) by Judgment and decree dated 28. 4. 1988 passed in Civil Appeal No. 44-A of 1986 allowed the appeal and dismissed the plaintiffs suit. Plaintiff being aggrieved by the same has preferred this appeal. By order dated 27. 2. 1
Referred to : Jogendra Lal Saha v. The State of Bihar and others
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