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2007 Supreme(MP) 169

DIPAK MISRA, A.M.NAIK
Lokesh Sanyal – Appellant
Versus
State of M. P. – Respondent


Advocates:
R.D. Jain with D.P.S. Bhadoriya for appellants; Ms. Ami Prabal, Deputy Advocate General for State.

JUDGMENT

Naik, J., 1. Babu Singh, the original plaintiff (predecessor of the present appellants) instituted a suit for declaration and perpetual injunction against the defendants/respondents in respect of immovable property, described in paragraph 1 of the plaint with the allegation that his father Tandoor Singh had purchased the same from one Kashi Giri S/O Nanhe Giri for a consideration on Rs. 90/- on 24.3.1923. He continued to occupy the same as the owner and executed a will in favour of the plaintiff. Name of the plaintiff has been entered in the municipal record as the owner of the suit property. The suit property does not belong to the defendants/ respondents. Earlier, as pleaded, an attempt was made by the defendants/ respondents to dispossess the plaintiff from the suit property and hence Civil Suit No. 1/88 was instituted by the plaintiff against the State of M.P. which was dismissed in default on 6.9.1989. Relief of restoration was negatived by the Court of first instance and also by the appellate Court. However, the Estate Officer/respondent passed an order on 21.12.1991 for eviction of the plaintiff under the provisions of Public Premises (Eviction of Unauthorized Oc
















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