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Tota Ram s/o Lochi Ram & Ors. vs. Deep Chand & Ors.

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Code of Civil Procedure, 1908–Sec. 100––Second appeal–Suit for granting the perpetual injunction and to demolish the wall constructed over the disputed land–Decreed by trial Court as the plaintiff was found the recorded gair khatedar of land–First appellate Court reversed the decree on the ground
of having no jurisdiction–Justification–Land falls in abadi area–Merely because the land was recorded as agricultural land in revenue record, cannot oust the jurisdiction if it otherwise falls in abadi area–Held, decree passed by trial Court deserves to be restored.