( 1 ) SOMETIMES bonafide and queer mistakes do happen creating a riddled situation. Application of strict rules of law to such cases may not all the time advance cause of justice. Strict application of rules of Law jettisoning the principles of equity when permissible may cause more mischief than remedy the grievance of the parties. Here in this case, the land belonging to one S. V. Koujalagi in Saudathi village was purchased by the second defendant under private negotiations for putting up construction of buildings for water works to provide water facility to Hubli-Dharwad Corporation. Under the mistaken identity on the adjoining land belonging to the respondents measuring 1 Acre and 25 guntas in R. S. No. 9a/1/b of Saundathi village has been encroached and constructions have been put up for the buildings. The plaintiff/respondents filed a suit for recovery of possession and for mandatory injunction for demolition of structures in O. S. No. 22/85 renumbered as O. S. No. 11/98. The Suit came to be allowed.

( 2 ) THE Judgment and decree was challenged in R. A. No. 43/91 before the II Addl. District judge, Belgaum. The learned Appellate judge allowed the appeal reman