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Harpal Kurmi And Ors. vs Mohan Kurmi And Ors. on 1 April, 1924

14. Learned counsel for the respondents has placed strong reliance upon a decision of a learned single Judge of this Court reported in Harpal Kurmi v. Mohan Kurmi, A. I. R. (11) 1924 ALL. 844, where the Full Bench ruling was distinguished. The lower appellate Court has also relied upon this case. The plot in dispute in that case originally formed part of an agricultural holding. The defendants of that suit had taken it on lease from the Maharaja of Banaras to whom it belonged. During the currency of the lease the defendants built a house for agricultural purposes and they subsequently converted it into a residential house. The Maharaja ejected the defendants and obtained delivery of possession. The dakhalnama purported to convey actual possession. It was found that notwithstanding the delivery of pos-session the defendants continued in possession of the house. On these facts, it was held that the delivery of possession interrupted adverse possession and gave a fresh point for limitation.
Allahabad High Court Cites 3 - Cited by 2 - Full Document
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