The Principal Govt. Pre-University College & Anr. Vs. Mr. Jambu Kumar Mutha

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10418 OF 2014
(Arising out of S.L.P. (C) No. 19634 of 2012)

The Principal Govt. Pre-University
College & Anr. …Appellants
Vs.
Mr. Jambu Kumar Mutha …Respondent

The plaintiff’s case in a nutshell was that he is the owner of the land measuring  1acre 38 guntas situate in Malur Town, Kalur District fully described in the plaint out of which the defendants had unauthorisedly occupied an area measuring 377 feet x 34 feet to construct a school building.This unauthorized occupation and construction was, according to the plaintiff, to be removed and possession over the entire suit property protected by issue of a permanent prohibitory injunction against the defendants. The defendant’s case, as set out, in the written statement filed on their behalf was that the suit property belonged to the State Government and that the same had been used for construction of a Government school building subsequently upgraded as a pre-university college being run and maintained by the State Government. The Supreme court allowed these appeals, set aside the orders passed by the High Court, and condoned the delay in the filing of RFA No.296 of 2011 subject to payment of costs of Rs.50,000/- to be paid to the defendant-respondent in the said appeal and to remit the matter back to the High Court for hearing and disposal of RFA Nos.806 of 2000 and 296 of 2011 on merits….read more