UNION OF INDIA Vs. TIKKA SINGH S/O SRI KARAM SINGH R/O VILL-SIROLI
HIGH COURT OF UTTARAKHAND
UNION OF INDIA
Tikka Singh S/O Sri Karam Singh R/O Vill-Siroli
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(1.) This appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 10.06.2002, passed by the District Judge, Pithoragarh, in Civil Appeal No. 02 of 1999, whereby said court has allowed the appeal, and set aside the judgment and decree dated 27.03.1999, passed by the trial court [Civil Judge (Junior Division) Didihat] in Suit No. 5 of 1995.
(2.) Heard learned counsel for the appellant and perused the lower court record.
(3.) Brief facts of the case are that the plaintiff instituted Suit No. 5 of 1995, with the pleadings that land of Plots No. 7994 and 7996 measuring 20 Nalies situated in Village Siroli, was allotted to him for development of horticulture, for which, he applied in the year 1968, to the State Government. It is stated by the plaintiff in the plaint that he planted trees in said land and continues in possession since 1968. It is alleged by the plaintiff No.1 that the appellant, who is Border Road Organisation of Government of India, has started interfering in the possession of the plaintiff since November December 1994. Consequently, the Suit was filed in the year 1995, for perpetual injunction, restraining the defendants from interfering in the possession of the plaintiff.;
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