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1995 Supreme(MP) 1045

B.L.HANSARIA, K.RAMASWAMY
Mohanlal – Appellant
Versus
Mirza Abdul Gaffar – Respondent


Advocates:
S.K. Gambhir for appellants; B.S. Banthia for respondents.

ORDER

1. This appeal by special leave arises from the judgment and decree of the Madhya Pradesh High Court in Second Appeal No. 460 of 1975 made on (sic) 30,1986.

2. It is not necessary to elaborate all the facts in detail. Suffice it to state that the appellant had come into possession of the suit-lands pursuant to an agreement of sale dated 8.3.1956. He paid part consideration of Rs. 500 and obtained possession of the lands. Subsequently, the respondent purchased the lands by sale deed dated 23.3.1960. In the meanwhile, the appellant's suit for specific performance of the contract for sale was dismissed and became final. The respondent filed the suit for possession which has given rise to this appeal. The trial Court decreed the suit. On appeal, it was reversed and dismissed. In second appeal, the High Court set aside the judgment and decree of the appellate Court and restored the decree of the trial Court. Thus this appeal by special leave.

3. The only question is whether the appellant is entitled to retain possession of the suit property. Two pleas have been raised by the appellant in defence. One is that having remained in possession from 8.3:1956, he has perfected his title by






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