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1967 Supreme(SC) 321

J.C.SHAH, S.M.SIKRI
Lallnu Yeshwant Singh) (Dead) By His Legal Representative. – Appellant
Versus
Rao Jagdish Singh – Respondent


Advocates:
A.G.Ratnaparkhi, CO., Mahinder Narain, N.S.BINDRA, P.V.Sahasrabudhe, RAJINDAR NARAIN, RAMESHWAR NATH ROY

Judgement

SIKRI, J. : This appeal by special leave is directed against the judgment of the High Court of Madhya Bharat in Civil Miscellaneous Application No 91 of 1955, read with Civil Miscellaneous Application No. 92 of 1955, filed under Article 227 of the Constitution by Rao Jagdish Singh and others. By this judgment the High Court accepted the applications and quashed the decision of the Board of Revenue and dismissed the claim of Lallu Yeshwant Singh, son of Nahar Singh, now deceased, represented by Babu Singh, appellant, before us. The relevant facts for appreciating the points arising in the appeal are as follows.

2. Yeshwant Singh and other sons of Lallu Nahar Singh, hereinafter referred to as the plaintiffs, filed a suit against Rao Jagdish Singh & 4 others (Revenue Case No.24 of 2000 S. Y.) in the Court of Tehsildar, Pargana Pichhore, District Gwalior, for the possession of some agricultural land under Section 326 of Qanoon Mal. The plaintiffs case, in brief, was that they were sairdakhilkar cultivators and that Rao Jagdish Singh, defendant No. 1, had forcibly prevented the plaintiffs from doing cultivation and got the disputed land cultivated by defendants Nos. 2 and 3, by










































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