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1975 Supreme(All) 396

HARISWARUP
Zila Parishad – Appellant
Versus
Ram Khelawan – Respondent


Advocates:
K.N. Misra, for Appellant; Akhilesh Sahai, for Respondent.

JUDGMENT:.- These appeals have been filed by the District Board, Lucknow, against the plaintiffs in various suits giving rise to these appeals. The plaintiffs had instituted different suits for an injunction to restrain the defendant, District Board, from removing the constructions in dispute and from prosecuting the plaintiffs for not removing the constructions in pursuance of the notice issued by the District Board under Section 95 of the U. P. District Boards Act. An injunction was also sought to restrain the defendant from issuing similar notices in future regarding the constructions in dispute.

2. The case of the plaintiffs in each suit was that the constructions standing on the land in suit were about eight years old and were thus not liable to be removed under Section 95 of the U.P. District Boards Act. Their contention was that by reason of Section 28 of the Indian Limitation Act the right of the District Board had been extinguished and accordingly the buildings could not be deemed to be encroachment on any land belonging to the District Board. The case of the defendant on the other hand was that the right of the District Board to remove the constructions still subsisted and





























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