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Satyaveer Singh Poonia & Anr. vs. Sudesh Kumar Saini & Ors.

52.00 5.20

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Code of Civil Procedure, 1908–Order 7, Rule 11 & Order 8, Rule 1–Specific Relief Act, 1963–Secs. 38 & 39–Application under Order 7, Rule 11–Rejection of–Representative suit with alleging that the defendant is an encroacher over the gair mumkin paytan land, his illegal possession be removed and land be restored for public use–Plea of defendant that earlier, the proceedings u/s. 91 of the Rajasthan Land Revenue Act were finalized in his favour–Acceptability–Plaintiffs have averred that the defendant is in illegal possession–They annexed the jamabandi of land along with the plaint–It cannot be said that they did not have the cause of action–Documents produced by the defendant can not be considered at this stage–Interference declined.