MOHAMMAD ABDUL MUQTEDAR Vs. SHAIKH FAKRUDDIN

JUDGEMENT

(1.) The issue which arises for consideration in this appeal by special leave pertains to an open space of land adjoining the house of the appellant.

(2.) The appellant had filed a suit for declaration to the effect that an open space of land to the west of his house was for common use of the appellant as well as Respondents 1 and 2 herein. According to the appellant. Respondent 2 was the owner of House No. 3-1-50 and Respondent 1 had purchased a house which was previously an evacuee property at the time when the property was sold by public auction. There was an open space of land which was surrounded by a road in the north, by the house of the appellant in the east, the house of Respondent 1 in the south and the house of Respondent 2 in the west. Evidence was led before the trial court which, inter alia, came tothe conclusion that the said open space was government land and had not been sold to Respondent 1 and nor was it a common property of Respondents 1 and 2. This conclusion was arrived at notwithstanding the fact that the government had in the said suit contended that the said open land did not belong to it.

(3.) The documentary evidence on the basis of which the trial court came to the conclusion that the open space was government land and not the land of Respondent 1 was essentially that of the Evacuee Department. The trial court while giving the declaration that the land in question was government land issued a perpetual injunction restraining the defendants, who are respondents in this appeal, from preventing the appellant from use of the said open space.