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R.B.DIXIT
Kashi Prasad – Appellant
Versus
Banshidhar – Respondent
Appellant-plaintiff has filed a Civil Suit No. 105A/91, New No. 50A/94, in the Court of 1st Civil Judge, Class-II, Morena for declaration, permanent injunction, mesne profit and possession to the effect that he was by virtue of temporary partition, already in possession of Survey No. 522 situated in village Imliya. The case of respondents-defendants was that this portion of land or the share of plaintiff, was surrendered to them and thus, they were in exclusive possession of the entire land and became its absolute owners.
The trial Court vide judgment dated 2.3.1995, partly decreed the suit to the extent of 1/7th share and mesne profit at the rate of Rs. 4,000/- per annum and also ordered for delivery of possession. However, in First Civil Appeal No. 102A/98 by the impugned judgment, the learned first appellate Court reversed the findings and dismissed the suit of plaintiff, against which this second appeal has been admitted on following substantial questions of law:
Whether, the suit of plaintiff can be dismissed on the technical ground of non-seeking of specific share in the disputed property which can be allowed under Order 7, Rule 7 CPC?
Since both the Courts below found
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