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2006 Supreme(MP) 394

S.K.GANGELE
Gafoor Khan Abboo Khan – Appellant
Versus
Sultan Jehan (D) Through L. Rs. , Rajamiya – Respondent


Advocates Appeared:
R.C.CHHAZED, B.PANDYA

Judgment

S.K.Gangele, J.

( 1. ) Plaintiff-appellant has filed appeal against the judgment and decree dated 5.8.1994 passed by the Additional Judge to the Court of District Judge, Narsingh Gargh, in Civil Appeal No. 38-A/93 affirming the judgment and decree dated 30.3.1993 passed by the Civil Judge Class I Narsingh Gargh, in Civil Suit No. 10-A/78.

( 2. ) This appeal was admitted vide order dated 24.7.1996 on the following substantial questions of law :-

(1) Whether the two Courts below erred in law in holding that the appellant-plaintiff has not perfected his title to suit land by adverse possession even when it was admitted by the defendant that the plaintiff has been in unlawful and continuous possession for more than 12 years preceding the filing of the suit? (2) Whether under the facts and cir cumstances of the case, the defendants counter claim for possession could not be decreed being barred by law of limitation and no advantage of Section 14 of the Limitation Act could be availed to the defendant? (3) Whether the Lower Court should have held that village Barasia was a Jagir village and that on the resumption of the Jagir, whatever rights, title and interest the respondents decea














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