PRINCIPAL GOVT. PRE-UNIVERSITY COLLEGE Vs. JAMBU KUMAR MUTHA
LAWS(SC)-2014-11-36
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on November 20,2014

Principal Govt. Pre-University College,S.PRAKASH Appellant
VERSUS
Jambu Kumar Mutha Respondents


Cited Judgements :-

SITARAM GURJAR VS. MOTA DEVI [LAWS(RAJ)-2022-8-125] [REFERRED TO]
TATA CHEMICALS LTD. VS. GAYATRI SINGH [LAWS(RAJ)-2018-12-8] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)These appeals arise out of a common order dated 13th February, 2012 passed by the High Court of Karnataka whereby Regular First Appeals No.806 of 2000 and 296 of 2011 filed by the appellants have been dismissed.
(3.)In OS No.125 of 1996 plaintiff-respondent No.1 in these appeals prayed for declaration of his title over the suit property, removal of unauthorised construction raised over the same and permanent injunction restraining defendants in the suit from interfering with the plaintiff's possession and enjoyment of the suit property. The plaintiff's case in a nutshell was that he is the owner of the land measuring 1 acre 38 guntas situate in Malur Town, Kalur District fully described in the plaint out of which the defendants had unauthorisedly occupied an area measuring 377 feet x 34 feet to construct a school building. This unauthorised occupation and construction was, according to the plaintiff, to be removed and possession over the entire suit property protected by issue of a permanent prohibitory injunction against the defendants.


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