Jaikishan Dass vs K. G. K. College - 1981 Supreme(All) 1094

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1981 Supreme(All) 1094

MURLIDHAR
Jaikishan Dass – Appellant
Versus
K. G. K. College – Respondent

Advocates appeared:
Rajesh Kumar Agarwal and Raja Ram Agarwal, Advocates, for the Appellant; V. Sahai, B. Dayal and Standing Counsel, for the Respondents

JUDGMENT

Murlidhar, J. - The controversy in this second appeal is regarding 33 acres southern portion of plot No. 337 total area 1.41 acres which is alleged by the defendant-respondent K.G.K. College to have been acquired under the Land Acquisition Act for the institution. The appeal arises out of a suit by the present appellants filed on 24-8-1961 for a declaration that they are owners in possession of the disputed land notwithstanding the land acquisition proceedings which allegedly did not affect their rights and for a permanent injunction restraining the institution from interference with the plaintiff's possession. By an amendment the relief of possession after demolition of any constructions made by the institution was also added. Both the Courts below have dismissed the suit.

2. The plaintiff's case in short was that they were the owners of plot No. 337 since long prior to abolition of Zamindari, that their father had constructed a temple and a number of quarters and shops in part of the plot and that they had been in possession of the whole plot, that they had learnt for the first time on 25-4-1956 that the land had been acquired for the college playing ground; that there ha

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