HIMACHAL PRADESH UNIVERSITY SHIMLA Vs. PUNJAB UNIVERSITY CHANDIGARH

JUDGEMENT

(1.) Leave granted in all these three Special Leave Petitions.

(2.) By consent of learned advocates of parties the appeals were finally heard and are being disposed of by this common judgment.

(3.) The contesting parties in these appeals are two universities, namely, Himachal Pradesh University. Shimla and Punjab University Chandigarh. The dispute centers round the ownership and possession of immovable properties situated at Shimla in the State of Himachal Pradesh. These properties consist of St. Bernard Building and Dingle Lodge, located at Upper Kaithu, Shimla. It is the case of the appellant-university that these properties have vested in it by virtue of Section 8 of the Himachal Pradesh University Act, 1970 (hereinafter referred to as the 'Act'). The, respondent-university opposes this contention and submits that these properties belonged to the respondent-university and their possession by the appellant-university was only as tenant. The contention of the appellant-university has stood rejected in the proceedings initiated before the Trial Court and subsequently in the hierarchy of proceedings in further appeal and revision before the High Court. Decrees for possession have come to be passed against the appellant-university by the Trial Court as well as the Appellate Court and which have got confirmed by the High Court.