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1994 Supreme(MP) 740

R.M.SAHAI, N.P.SINGH
Kishan Singh – Appellant
Versus
Arvind Kumar – Respondent


Advocates:
B. Sen and S.K. Gambhir for appellant; S.S. Khanduja for respondent.

ORDER

1. In this defendant's appeal directed against the judgment and order of the High Court of Madhya Pradesh, the question that arises for consideration is if the High Court committed any error of law in upholding the order of the appellate Court decreeing the suit of the plaintiff-respondent on finding that the defendant appellant had not acquired any right, by adverse possession.

2. The suit was filed for possession in respect of an area of approximately 0.56 acres of Khasra No. 526 located in Khurai Tehsil, District Sagar. It was claimed that the land in dispute was leased to the plaintiff by the lambardar and the deed executed on 5.12.1949 which was registered on 3.4.1950. It was alleged that the appellant was an agent of the respondent who was permitted to set up a brick-kiln in the area in dispute in the year 1960-61. The appellant, however, who had a house in the adjoining Khasra No. 527 trespassed initially on 0.14 acre and made further encroachment, on 0.42 acre. The claim was contested by the appellant and it was claimed that the deed having been registered on 3.4.1950, it was void under section 6 of the Madhya Pradesh Abolition of Proprietary Rights Act, 1950 (in brief




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