Sovran Singh (Deceased) 8 Others Vs Babu Ram (Deceased) 9 Others

Court No. - 16

Case :- SECOND APPEAL No. - 91 of 2019

Appellant :- Sovran Singh (Deceased) 8 Others Respondent :- Babu Ram (Deceased) 9 Others Counsel for Appellant :- Alok Ranjan Tripathi,Alok Ranjan Tripathi

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Hon'ble Rajiv Joshi,J.

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Supplementary affidavit filed today is taken on record.

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Heard Sri Kamlesh Kumar Tripathi, learned counsel for the appellants.

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Present appeal has been filed against the judgement and decree dated 23.10.2018 passed by the lower appellate court, whereby the appeal filed by the appellants was dismissed affirming the decree passed by the trial court dismissing the suit of the plaintiff-appellants.

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The case of the appellants is that he is the exclusive owner on the basis of the mutual settlement arrived at between the parties in respect of plot no. 192 and are in possession over the land in dispute and therefore, the defendants be restrained from interfering in their possession.

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Both the courts below have recorded specific finding to the effect that mutual settlement has not been proved by the plaintiff even he is not in exclusive possession in respect of land in dispute. A finding was also recorded to the effect that plaintiff is one of the co-sharer of the land in dispute and as such, the suit for permanent injunction against the co-sharer is not maintainable.

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The findings so recorded by both the courts below are the findings of fact. No illegality or infirmity has been committed by both the courts below. No substantial question of law is involved in the present appeal.

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Appeal lacks merit and is, accordingly, dismissed.

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Order Date :- 29.1.2019 Noman

Sovran Singh (Deceased) 8 Others v. Babu Ram (Deceased) 9 Others

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Sovran Singh (Deceased) 8 Others v. Babu Ram (Deceased) 9 Others

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