BIHAR STATE ELECTRICITY BOARD PATNA Vs. K N H MEDICAL COLLEGE AND HOSPITAL BHAGALPUR

JUDGEMENT

(1.) This appeal is directed against an order passed by the subordinate Judge of Bhagalpur granting adinterim injunction in a suit brought by the plaintiffs respondents first party.

(2.) it appears that defendants second party were the original owners of suit land under whom the plaintiff-respondent no. 1 (K. N. H. Medical College) was a tenant. Subsequently the aforesaid plaintiff purchased the suit property. Thereafter the suit lands were acquired by the State under the Land Acquisition Act for the purposes of the use thereof by the appellant. The College aforesaid and its President and other officers, therefore filed the present suit impleading the State, its officers and the present appellant for a declaration that the proceeding and action taken for the acquisition of the land and possession thereof are without jurisdiction, ultra vires, mala fide and illegal. There was a further prayer for permanent injunction restraining the defendants from interfering with the possession of the plaintiffs and from doing any act to disturb the possession of the plaintiffs and from making any construction on the suit land.

(3.) It appears that the plaintiffs also filed an application unde Order XXXIX of the Code of Civil Procedure (hereinafter referred to as 'the Code') for issue of an ad interim injunction rule was issued, the defendants were called upon to show cause and after hearing the parties, by order dated 20th February, 1968 the rule was vacated on the ground that the defendant appellant had already succeeded in completing a fencing around the land acquired and taking possession of the same with the assistance of police force.