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2000 Supreme(MP) 834

S.P.SRIVASTAVA
Fosa – Appellant
Versus
Moja – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: A.M. Naik

JUDGMENT

S.P. Srivastava, J.

1. Heard the Learned Counsel for the Defendant-Appellants.

2. Perused the record including the record of the trial Court.

3. The Plaintiff-Respondent had filed the suit giving rise to this second appeal on 8-12-1989 asserting that Bhagga, the father of the present Appellants, who found impleaded as Defendants Nos. 1 and 2 Parma, the father of the Plaintiff-Respondent, were real brothers. Parma was the younger brother of Bhagga. Parma and Bhagga were the tenants of the land in dispute and formed a Joint Hindu family. The father of the Plaintiff had died during the infancy of the Plaintiff. The land in dispute continued to be recorded in the revenue records in the names of Parma and Bhagga upto Samvat 1975. Bhagga had died while the Plaintiff was only aged 6-7 years. After the death of his father instead of getting the name of the Plaintiff recorded no mutation was done and even the name of Parma was deleted from the revenue records. The Plaintiff had prayed for a decree claiming half share in the land in dispute and the partition of the agricultural holdings and for his being put in separate possession thereof. A decree for permanent prohibitory injunction w























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