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2002 Supreme(Chh) 77

FAKHRUDDIN
Krishna Bihari Gupta – Appellant
Versus
State of Chhattisgarh – Respondent


JUDGMENT

Fakhruddin, J.

1. The appellant has preferred this appeal against the judgment and decree dated 7-9-2001 passed by the Additional District Judge, Dhamtari in Civil Suit No. 44-A/91. Briefly stated facts are that the plaintiff filed a suit for declaration of title and permanent injunction along with an application under Order 39 Rules 1 and 2, CPC contending that the appellant was serving in the education department on the post of Principal. When he was transferred from Nawapara (Rajim) to Dhamtari, no Govt. accommodation was allotted to him at Dham-tari. It was contended that on the suggestion of the Sub-Divisional Officer he made construction of the suit house sometimes in the month of June, 1977 by spending about Rs. 15,000/-. In November, 1979 he was transferred to Boys Higher Secondary School, Dhamtari but he remained in occupation of the suit house. Ultimately since it was a Govt. land he was sought to be evicted from the suit house. By memo dated 10-9-85 the Joint Director, Public Instructions, Raipur directed the appellant/plaintiff to deposit arrears of rent for using the Govt. land with the instruction that the plaintiff shall not be allowed to draw his salary unles



















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