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Hansa Ram & Ors. vs. Moda @ Mod Singh & Anr.

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Code of Civil Procedure, 1908–Order 1, Rule 10–Rejection of application–Justification–Suit for declaration of easement rights and permanent injunction–Admitted fact that the land in question is gair mumkin samshan–Residents of that area have interest in the public land–Therefore, rejection of
application on the ground that the land in question does not belong to petitioners, is not justified–Trial Court was required to take a comprehensive view–Application deserves to be allowed.