ORDER :

K. Ramaswamy, J. - Leave granted.

2. This appeal by special leave arises from the judgement and order dated 7th February, 1986 passed by the Patna High Court at Patna in Miscellaneous Appeal No. 16 of 1986. A notification under Section 4(1) of the Land Acquisition Act, 1894, 1/94 (for short, 'the Act') was published on February 13, 1957 acquiring the disputed land along with other lands for public purpose, namely construction of the houses by the Housing Board, known as the Peoples Co-operative House Construction Society Ltd., Patna. The declaration under Section 6 was published on March 27, 1957. The possession of the and was taken on March 22, 1957 and the same was given to the Housing board on the same day. It would appear that several encroachments have been made in the land and unauthorised constructions appear to have been made. Steps were taken by the Housing Board to have the encroachers ejected from those lands. As sequel thereof, it would appear that the respondent laid Title Suit No. 329/85 in the Court of the Subordinate Judge-I at Patna and filed an interlocutory application under Order 39, Rule 1 of C.P.C for ad interim injunction. The Subordinate Judge in his