VIJAI KUMAR SHAH Vs. HINDUSTAN ALUMINIUM CORPORATION LTD
LAWS(ALL)-2002-8-104
HIGH COURT OF ALLAHABAD
Decided on August 28,2002

VIJAI KUMAR SHAH Appellant
VERSUS
HINDUSTAN ALUMINIUM CORPORATION LTD Respondents

JUDGEMENT

Rakesh Tiwari, J. - (1.) These bunches of 23 appeals arise out of a common judgment dated 9th October, 1995 passed by the Addl. District Judge, Mirzapur allowing appeals, which were filed against judgment and order dated 16-10-1982 of the Munsif, Dudhi, Mirzapur.
(2.) Twenty three suits were filed by the plaintiffs-appellants praying for declaration that they are owners of the sites on which their shops were situated since long and the defendants Hindustan Aluminium Corporation (hereinafter referred to as HINDALCO) is neither its owner nor in possession of the land, hence it be restrained by permanent injunction from evicting them from the sites of their shops or interfering in their possession. In some of the suits, plaintiffs sought declaration that they were owners of the sites and the defendant Corporation had no concern with it and that defendant Hindalco be restrained from interfering in their possession in any way.
(3.) The trial Court decreed the suits, against which 23 civil appeals were filed by defendant-Hindalco. The appellate Court allowed the appeals and dismissed the suits, hence 23 Second Appeals have been filed in this Court. Common question of law and facts are involved, hence they are being disposed of by a common judgment. Appeal No. 1894 of 1985 arising out of sui.t No. 3 of 1971 (Ram Shakat v. Hindalco) has been taken as leading case.;


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