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Amar Chand & Anr. vs. Smt. Sushila & Ors.

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Specific Relief Act, 1963–Secs. 34 & 38–Suit for injunction without claiming the relief of declaration–Maintainability–Plaintiff averred that he was the title-holder of the land in question–He was in possession of land–Fact of case revealing that the defendants encroached over the land after filing the suit–Held, trial Court rightly issued the mandatory injunction for removing the encroachment.