JUDGEMENT
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(1.) Heard learned counsel for the parties.
(2.) The plaintiff/appellant filed a suit for permanent
injunction against the respondents/defendants. The
plaintiff alleged that he is owner of the property in
dispute for which the Gram Panchayat issued patta in his
favour on 15.4.1988 on payment of Rs.85/-. According to the
plaintiff, he constructed a room over the plot in dispute
and he was in occupation of the plot till 5.5.1996. On
5.5.1996, the defendants and some other persons came on the
plot of the plaintiff and started demolishing the boundary
of the plot. The plaintiff lodged FIR and thereafter filed
suit for permanent injunction.
(3.) The defendants submitted written statement and denied
the possession of the plaintiff over the plot in dispute.
The defendants also submitted that on the date of issuance
of the patta, the plaintiff was minor and his father was
sarpanch who without following any procedure of law and
with intention to grab the plot, fabricated the patta. It
is also submitted that the said patta was subsequently
cancelled by the Gram Panchayat. It is also submitted that
Rule 266 was not followed.;
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