The All India Reporter 1950 - Pepsu Section with Parallel References to 91) 2 Pepsu L.R. (2) 51 Criminal Law Journal Citation: A.I.R. (37) 1950 Pepsu

Where in a revision by the defendant against the decree of the lower Court in favour of the plaintiff and restraining the defendant from opening a door on a certain Chabutra the defendant for the first time takes the plea at the stage of argument that the Municipal Committee had accorded sanction to the defendant to open the door in question and unless the plaintiffs succeed in proving that the sa [...] Further the mere fact that the Municipal Committee had allowed the defen- dant to open the door on the Chabutra which was in the use and possession of the plaintiffs would not debar them of their right to seek help from the Courts. [...] The mere fact that the Municipal Committee bad allowed the defendant to open a door on the Chabutra which was in the use and possession of the plaintiffs would not debar them of their right to seek help from the Courts. [...] Puran Chand to conduct a civil appeal in the High Court and during the uend- ency of the appeal the counsel was called upon to make up the deficiency in the court-fee stamp inasmuch as the suit was of a possessory nature and the court-fee stamp was paid only for the purpose of declaration. [...] Following this principle of law enun- ciated in the above quoted case, I accept this ap- peal of the defendants and in lieu of the decree for possession given to the plaintiffs by the Dis- trict Judge pass a decree in their favour for a declaration that the possession of the defendants in the land in dispute will be that of a co-sharer subject to adjustment at the time of partition.