The court reinforced that adverse possession claims are valid in injunction disputes when supported by continuous possession and that public interest considerations may outweigh private claims.

1. Heard Mr. S. Dutta, learned counsel for the appellants. Also heard Mr. B. D. Deka, learned for the respondent No.1 and Mr. K. K. Bhattacharyya, learned Government Advocate representing the respondent Nos.2 and 3.

2. This appeal is filed under O.43 R.1(r) read with S.151 of the Civil Procedure Code, 1908 against the order dated 08.08.2022 passed by the learned Civil Judge, Barpeta in Misc.(J) Case No.56/2022, whereby the prayer for interim injunction was rejected.

3. The brief facts leading to the filing of the present petition is that the appellant Nos. 1 and 2 are residence of Barashala Village and have the representative capacity as per O.1 R.8 of the Civil Procedure Code, 1908 , who preferred a Title Suit inter alia with a prayer for grant of Decree declaring that the appellants have the Right, Title and Interest over a plot of land, i.e. 40 Bighas covered by Dag No.230 of Patta No.82 in revenue village, Barashola Bilor Pathar, under Saruketri Mouza in the District of Barpeta along with a prayer for decree of permanent injunction against the respondent, which was registered as T.S. No.27/2022. Along with the said Title Suit, the appellant had also preferred an application under O.39 R.1 and R.2 with a prayer for ad - interim injunction restraining the respondents from selling, gifting, alienating and from encumbering in any manner in the aforesaid plot of land, and the said application was registered as Misc.(J)Case No.56/2022.

4. The respondent college which came into existence in the year 1971, was handed over the suit land of 40 Bighas vide Settlement Order passed in 1973. Though settlement was granted in favour of the respondent college, the possession remained with the appellants. It is stated that the aforesaid plot of land measuring 40 Bighas initially belonged to the villagers of Barshala village and it is being utilised as a grazing ground comprising of total land of 72 Bighas, which was created on the collective donation of patta lands belonging to the predecessors. The said ground is identified as "Barshala Bilor Pathor", as well as the residents gets immense benefits from the said land and has been continuously enjoying such benefits since its formation till date. On the other hand on 07.05.1971, the respondent college was set up and the college had erected its own permanent structure in the land belonging to the college.

5. In the year 1972-73, the Government of Assam had taken steps to dereserve about 40 bighas of land from the said total of 72 bighas of land from Barshala Bilor Pathar and settled 40 bighas of land in favour of the college. The residents of the said village had resisted the Government from delivering the possession of suit land in favour of the respondent college and challenged the settlement order by filing a writ petition. However, the Court refused to set aside the settlement order and passed the order in favour of the respondent college. Though the settlement was in favour of the college, the said college could not take over possession of the said plot of land measuring 40 bighas, as the appellants have been in continuous and uninterrupted possession of the suit property, and has developed the property by developing fisheries, land for organizing various festivals and all these have been going on without any objection from the college authorities.

6. The appellants are in possession of the said plot of land since 49 years and it has been under the continuous and interrupted possession of the appellant and has become hostile. And by virtue of such possession the appellants have perfected their title over the said plot of land. The appellants had instit