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1967 Supreme(SC) 271

J.M.SHELAT, S.M.SIKRI, J.C.SHAH
Sonawati – Appellant
Versus
Ram – Respondent


Advocates:
B.C.MISHRA, E.C.AGARWAL, P.C.AGRAWAL, S.P.SINHA, S.S.SHUKLA

Judgement

SHAH, J. : A piece of agricultural land bearing Survey Nos. 723/2, 724, 725 and 726 of Naugawan, Tahsil Fatehabad, District Agra, originally belonged to two brothers Tota Ram and Lajja Ram. Tota Ram and Lajja Ram were declared to be bhumidhars in respect of that land and a sanad was issued in their favour under S. 7 of the U. P. Act 10 of 1949. On October 20, 1951, Tota Ram and Lajja Ram sold their interest in the land to two brothers Sri Ram and Ram Prasad - who will hereinafter be called the plaintiffs . Disputes arose thereafter about the possession of the land between one. Pritam Singh and the plaintiffs, and proceedings under S. 145 of the Code of Criminal Procedure were started before the Sub-Divisional Magistrate at the instance of Pritam Singh. The Sub-Divisional Magistrate attached the kind and called upon the parties to agitate the dispute as to their respective rights there in a civil suit.

2. The plaintiffs then commenced an action in the Court of the Munsif, Fatehabad, against Pritam Singh and Tota ham for a declaration of their rights as bhumidhars in possession of the land in suit and for an order "expunging" the name of Pritam Singh from the revenue records



























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