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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 1117 of 2001

PETITIONER:

SANTOSH HAZARI

Vs.

RESPONDENT:

PURUSHOTTAM TIWARI (DEAD) BY LRS.

DATE OF JUDGMENT: 08/02/2001

BENCH:

CJI, R.C. Lahoti, & Briijesh Kumar.

JUDGMENT:

L...I...T.......T.......T.......T.......T.......T.......T..J

R.C. Lahoti, J.

Leave granted.

On 4.3.1983, the plaintiff-appellant filed a suit for

declaration of title and recovery of possession and issuance

of permanent preventive injunction restraining the defendant

from interfering with the possession of the plaintiff over

the suit property described as khasra No.41/1 area 1.09

acres (0.441 hectares) situated in Village Patharia,

District Damoh. According to the plaintiff, the defendant

had illegally dispossessed the plaintiff from his possession

over 110x80 ft. area of land out of the suit property on

20.8.1981. The defendant in his written statement denied

all material averments and in addition submitted that the

defendant has been in possession of the suit property since

1940-41, i.e. since the times of his grand father. The

suit filed by the plaintiff was alleged to