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2023 Supreme(MP) 647

DWARKA DHISH BANSAL
Vinay Kumar – Appellant
Versus
Yaseen Mohammad Through Her Lrs. – Respondent


Advocates Appeared:
Shri Ravish Agrawal Senior Advocate along with Shri Jaspreet Gulatee, Advocate, for the Appellant; Shri Saket Agrawal, Advocate, for the Respondent

JUDGMENT

Dwarka Dhish Bansal, J.- This second appeal has been preferred by the plaintiff/appellant challenging the judgment and decree dated 11.04.1997 passed by Additional District Judge, Khurai, District Sagar in Civil Appeal No.14-A/1991 affirming the judgment and decree dated 26.03.1991 passed by 3rd Civil Judge Class-II, Khurai in Civil Suit No.15-A/1990, whereby appellant/plaintiffs suit for declaration of title and recovery of possession has been dismissed.

2. Short facts of the case are that the plaintiff, claiming himself to be Bhoomiswami/owner of land Khasra No.412/3-Ka area 0.46 acre situated at Khurai, District Sagar, instituted a suit for declaration of title and recovery of possession with the averments that the defendant has, who is owner of adjacent land Khasra No.412/3-Ja, encroached upon the plaintiffs land over an area 50x 70 shown from red color and marked in the plaint as A-B-C-D, regarding which a compromise decree was also passed on 07.08.1965 (decree drawn on 01.09.1965) in Civil Suit No.14-A/1965 whereby the plaintiff was held to be owner of the suit land. By way of amendment it is alleged in the plaint that after passing of the compromise decree on 07.08.19

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