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PANKAJ MITHAL
Laxmi Devi Tandon – Appellant
Versus
Kailash Nath Mehrotra – Respondent
Pankaj Mithal, J. —The plaintiff appellant has failed before both the courts below in a suit for permanent injunction concerning land measuring 718.3 square yards allegedly situate in the western portion of plot No.53 Mauja Delhi Sujanpur Gandhi Gram, Krishna Nagar, G T. Road, Kanpur Nagar.
2. It is admitted to the parties that plot No.53 belongs to the plaintiff and plot No.54 belongs to the defendants.
3. The only issue before the courts below was whether the land in dispute forms part of plot No.53 or not.
4. In the suit, a Vakil Commissioner was appointed for locating the land in dispute who submitted report dated 18.9.1971 paper No.52 Ga Exhibit No.1A. The trial court discarded the aforesaid report for various reasons and concluded that there is no evidence on record to establish that the disputed land forms part of plot No.53. Accordingly, the suit was dismissed. The plaintiff preferred an appeal. In appeal the then District Judge vide order dated 08.02.1978 framed the following issue and remitted it to the trial court for its finding:
Whether the land shown by letters ABGH in the site plan attached with the plaint is part of survey plot No.53 as alleged, if so, is the
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