The need for a fair consideration of evidence and the requirement for the Government to disclose crucial evidence in land dispute cases.

JUDGMENT/ORDER

1. The appeals are directed against the common judgment and decree dtd. 27/11/2003 passed in OS Nos.4930 and 4932 of 1996, by the XXVII Additional City Civil Judge, Bengaluru, whereby the suit of the plaintiffs came to be dismissed.

2. The parties are referred to as plaintiffs and defendants per their original rankings before the Trial Court.

3. The case of the plaintiffs in brief are as under:

By a grant order dtd. 29/6/1957, the landed property measuring 2 acres assessed at Rs.3.00 bearing Survey No.144 of Hoodi village Krishnaraja Pura Hobli, Bengaluru South Taluk having boundaries on: East by Pattandur Agrahara boundary; West by Survey Nos.214, 213, 212 and 211; North by Portion of Survey No.144 owned by H.K. Subbaraju S/o. late Krishnamaraju and South by Survey No. 145 [hereinafter referred to as "suit property" for short] was granted in favour of the plaintiff being for upset price. Katha of the lands were mutated in the names of the plaintiffs and the same is reflected in the revenue records. Plaintiffs enjoyed the property by cultivating the said land and grown dry crops. They also paid required land revenue in respect of the granted land and lands were also phoded over a period of time. Survey Nos.211 to 215 were assigned after the lands were phoded.

4. By passage of time, abutting the lands of the plaintiffs in Sadaramangala village, Industrial layout was formed by the second defendant. Some time in the end of 1995-96, second defendant formed a layout encroaching a portion of the land belonging to the plaintiffs on the northern side. Plaintiffs did no take any action immediately. It is the further case of the plaintiffs that on 5. 2.1991, the second defendant got the foundation stone laid from the hands of the then Chief Minister for construction of Industrial sheds.

5. On the protest made by the plaintiffs, very next day, the foundation stone was removed from the encroached area. A joint written submission was submitted by the plaintiffs to the second defendant on 22/8/1996. In pursuance to the said representation, higher officials of the second defendant, requested the Tahsildar of the area to furnish the report. However, after some time, second defendant began to clear the Eucalyptus bushes situated on the suit land to form a road and layout. Again, the said action of the second defendant was protested by the plaintiffs and the said work was stopped by the second defendant. A specific contention was taken by the plaintiffs that the suit schedule property belonging to the plaintiffs are not acquired by the Government for the purpose of formation of Industrial layout and did not handover the same to the second defendant and as such, the suit was filed with the following prayer:

"Prayer in O.S.Nos.4930 and 4931 of 1996 Therefore, the plaintiff prays that this Hon'ble Court may be pleased to pass judgement and decree in favour of the plaintiff and against the defendant.

a) declaring that the plaintiff is the owner of the suit schedule land.

b) restraining by permanent injunction, the defendants their employees, contractors and others claiming through them, from interfering with the peaceful possession and the enjoyment of the suit schedule property by the plaintiff.

c) award costs and grant such other relief as deemed just and necessary in the facts and circumstances of the case, including damages, as may be found caused by the defendants."

6. On receipt of the suit summons, the defendants entered appearance through their advocates. Second defendant filed a detailed written statement denying the entire plaint averments except accepting the averments made in para 3 of the plaint that there was a formation of road and laying of foundation stone for construction of Industrial sheds by the then Chief Minister.

7. Second defendant further contended that 84 acres and 34 guntas of land in different Survey numbers of Hoodi village including 6 acres 19 guntas in Survey No. 144 of Hoodi village was granted and transfe