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1976 Supreme(Online)(All) 23

ALLAHABAD HIGH COURT
, J
Nagar Mahapalika Lucknow – Appellant
Versus
Ved Prakash – Respondent


1. This revision arises in the following circumstances. Ved Prakash, Plaintiff - opposite Party, filed a suit against the Nagar Mahapalika Lucknow, the defendant - applicant for a permanent injunction restraining the Nagar Mahapalika from removing the stall constructed by him on the plot of land which he alleged to have obtained on rent from the Nagar Mahapalika. The plaintiff also obtained an interim order against the Nagar Mahapalika on 14th May, 1971 for maintaining status quo. That order was confirmed on 30th November, 1971. The Nagar Mahapalika filed its written statement in the suit on 5th February, 1972. The suit was however dismissed for default on 27th April, 1973. But on the motion of the plaintiff the order of dismissal was set aside and the suit was restored to its original number on the same date namely, 27th. April, 1973. While the suit was still pending the Nagar Mahapalika removed the stall from the land in question on 7th October 1974 and dispossessed the plaintiff from that land. The plaintiff then moved an application before the trial court on 19th October 1974 for a direction to the Magar Mahapalika to restore the stall and the possession of the land to him so t








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