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1978 Supreme(MP) 713

M.L.MALIK
Peerkhan – Appellant
Versus
Hamirsingh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.L. Issrani
For the Respondents: P.S. Khirwadkar

Short Note :

This is plaintiff's second appeal. The suit related to Khasa No. 286 area 9.05 acres of mouza Chanota, tahsil, Ashta, Dist: Sehore. Plaintiff/appellant claimed to have purchased the same from Hameersingh, acting for self and as guardian for his two minor nephews (brother's sons), Devising and Dalipsingh on 11-4-1951 under a registered sale deed. Though the deed in itself did not give title to the appellant claimed to have perfected the title by adverse possession from the date of sale till the date of dispossession in 1966. There had been an earlier litigation between Peerkhan and Hameersingh and his nephews when the later threatened to interfere with his possession. Peerkhan claimed an injunction against them. The suit was dismissed by judgment dated 24-7-1964 since the Court found that the defendants had not given any such threat to dispossess the plaintiff and since they had admitted that the plaintiff was in possession of the land. The plaintiff/appellant had to file the present suit since in the meantime he defendants. Hameersingh and his nephews, executed a sale-deed in favour of defendants 4 to 7 who ultimately dispossessed the plaintiff in the year 1966.

2. That







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