Full Judgment Text
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PETITIONER:
SR. N. N, UMAPATHY
Vs.
RESPONDENT:
B.V. MUNIYAPPA
DATE OF JUDGMENT: 25/03/1997
BENCH:
K. RAMASWAMY, D.P. WADHWA
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
We have heard counsel for both the parties.
This appeal by special leave arise from the judgment of
the Karnataka High Court, made on 28.8.1996 in C.R.P. No.
2780/95. The admitted position is that the predecessor of
the respondent had a mining lease in S. NO. 14 of
Venkatapura Village. The High Court has noted as under :
"Admittedly, in the case on hand,
the plaintiff (respondent herein)
having purchased the machinery
plant installed over the said
extent of the suit land from his
vendor, had been in continuous
actual possession thereof since
November, 1989. It is also an
undisputed fact that the
plaintiff’s vendor was in
possession and enjoyment of
property from 1984 till November,
1989 on which date he delivered
possession to the plaintiff under
the said agreement. Admittedly, the
Government is the true owner of the
suit property."
In view the above undisputed factual position, the only
question for consideration is injunction pending suit under
Order XXXIX, Rules 1 and 2, Code of Civil Procedure, 1908,
though the trial Court had not granted the injunction and
the appellate Court reversed it? The High Court on the above
facts maintained ad-interim injunction, pending the suit.
It is also admitted case that the appellant has mining
lease in respect of 1 acre 16 gunthas of land in he same
survey number in which the respondent has bey a lease deed
dated November 29, 1993. The respondent cannot unlawfully be
dispossessed from the lands nor his possession and enjoyment
intradicted except in accordance with the due process of
law.
Under these circumstances, though the appellant has s
lease, he cannot be given possession by the Government
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except after duly ejecting the respondent a accordance with
law. It would appear that subsequently on a representation
made by the respondent, the Government acknowledged the
factum of his possession and agreed to ratify his
continuance in possession subject to his paying Rs. 12 lacs
and odd per acre and further amount as contemplated by the
Government order.
Under these circumstances, the injunction granted by
the High Court is in accordance with law and the respondent
is entitled to the protection of his lawful possession by
way of ad-interim injunction.
The appeal is accordingly dismissed. No costs.