1. This appeal arises out of a suit filed by the
appellant which is a Temple Trust. It appears that the
land subject matter of suit bearing Khasra No.11 (Area 3
Bigha, 1 Biswa), Khevat No.1, situated at Mauza Basai,
Tehsil and District Agra is admittedly owned by the
appellant. The courts have found that the appellant is the
owner of the said land. After recording the finding that
the appellant is the owner of the land and that the said
land is being used by the respondent for beautification of
Taj Mahal, the courts did not grant relief of injunction.
It appears from the decision in second appeal that a prayer
was made by the learned senior counsel appearing for the
appellant that damages ought to have been awarded. This
prayer was made in the light of what is recorded in
paragraph 9 of the impugned judgment which reads thus:
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