Supreme Court of India
P. Janardhana Rao. v. Kannan and Ors.
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From the headnote
Civil Procedure Code, 1908; Order 21 Rule 97: Suit for ejectment-Decreed by Court of Small Causes-Delivery of possession resisted-:-petition for removal of obstruction-Allowed by execution Court on ground that no evidence of possession furnished by obstructionists Reversed by· High Court-On appeal, . Held: Obstructionists failed to produce · any evidence to show that they were in possession of suit property prior to · filing of ejectment suit-Apparently evidence has been created since filing of the suit-Merely because a prosecution witness stated, it would not be sufficient to conclude that
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