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2004 Supreme(MP) 677

K.K.LAHOTI
Sukhsen – Appellant
Versus
Kamtaiya – Respondent


Advocates Appeared:
Ashish Shroti, M.L.JAISWAL, Vandana Shrivastava,

Judgment

( 1. ) THIS is defendants appeal against the judgment of reversal by the Appellate Court. This appeal was admitted on 18-3-1991 on following substantial questions of law:-

"whether the First Appellate Court erred in reversing the judgment and decree of the Trial Court and in not accepting the case of defendants claiming title to the suit land on the basis of sale deed Ex. D-l and Ex. D-2 ?"

( 2. ) FACTS in short of the case are, that the plaintiffs/respondents filed a suit for permanent injunction and in the alternative for possession on the ground that the suit land survey No. 258/1 area 0. 91 of Village Bharola, Tehsil Bandhavgarh belongs to the plaintiffs who are the bhoomiswamis and in possession of the land. In July, 1976 defendants encroached over the western part of the land and damaged crops. Plaintiffs removed the encroachment of defendants from the land. But on 15-11-1977, the defendants forcibly reaped the crop from a part of the land which is shown by words (A), (B), (C), (D) in the plaint. Thereafter again on 27-11-77 defendants tried to dispossess plaintiffs but failed in their attempt. Thereafter defendants are regularly threatening the plaintiff for encroachme












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