STATE OF KARNATAKA AND OTHERS Vs. KARIM SAB

JUDGEMENT

(1.) Admittedly, the Government had acquired only 5 acres 30 guntas of land in Block No. 154 claimed by the plaintiff in to. He, therefore, presented the suit in the Court of the Munsiff at India in Bijapur District inter alia on the ground that the State Government was interfering with his peaceful possession of the land comprised in Block No. 154, measuring 19 acres and 15 guntas. He had pleaded inter alia that the Government allowed without acquiring the land for construction of temporary houses for Lambani Thanda on some portions of the suit land which was without the authority of law. Therefore, he sought injunction against the State represented by the Deputy Commissioner, Bijapur, the Assistant Commissioner, Indi, the Block Development Officer, India, the Village Accountant, Salotagi.

(2.) The respondents having entered appearance pleaded that the land was acquired as far back as in the year 1954 and even an award had been made. It was contended for the Government that the area was acquired during the year 1954 by mutation Entry No. 1809 and not in the year 1981. They pleaded that they were in possession of the acquired area. At best the plaintiff could only seek compensation.

(3.) Having framed issues relevant, the learned Munsiff came to the conclusion that the plaintiff had not proved his ownership of the land. He also held that the Government had not proved the acquisition. The Court, however, declined to grant the relief prayed for by the plaintiff on the findings that the plaintiff himself had admitted the existence of Lambani Thanda houses on 5 acres and 7 guntas and that did not constitute interference by defendants.