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2011 Supreme(MP) 392

A.K.SHRIVASTAVA
Pratap Singh – Appellant
Versus
Mangal Khan – Respondent


ts-,y- lksuh vihykFkhZx.k dh vksj ls( iz‘kkUr lizs izR;FkhZx.k dh vksj lsA
Advocates Appeared:
J.L. Soni for appellants;
Prashant Sapre for respondents.

JUDGMENT

1. This second appeal has been filed at the instance of plaintiff against the reversing judgment of learned First Appellate Court allowing the appeal of defendants and setting aside the judgment and decree of learned Trial Court decreeing the suit of plaintiff.

2. The plaintiff-appellant filed suit for possession and injunction in respect of certain agricultural land which is the subject matter of the suit and the description whereof has been mentioned in the plaint. According to the plaintiff, he is the Bhumiswami of the suit property and the defendants who are father and son have encroached upon the suit property area 0.75 acres delineated in the map filed along with the plaint in Asad Samwat 2036 (June 1979). The suit has been filed on the basis of occupancy tenancy right which was conferred to plaintiff vide order dated 31.5.1974, passed by the Naib Tahsildar in Case No.7A/46/73-74 and it was directed that his name be entered as occupancy tenant in the revenue record. It is the further case of plaintiff that he submitted an application in the Revenue Court which was registered as Case No. 32A/12/1979-80 and the measurement of his land was made by the Revenue Court and



















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