H BASHA Vs. URDU PRIMARY SCHOOL

JUDGEMENT

(1.) The appellant has preferred this appeal against an order dated 2-8-1994 whereby the trial Court has refused him an injunction. The appellant had prayed for an order restraining the respondents from putting up any construction on the Schedule 'A' property pending disposal of the suit. The respondents had resisted the application principally on the ground that they are an educational institution to whom the land in question has been allotted by the B.D.A., pursuant to the same having been taken over through acquisition proceedings and consequently, they submit that they are fully entitled and justified to put up whatever construction the institution requires for purposes of the education activities which they are carrying on. It is also clarified by the respondents' learned advocate that since the suit is pending before the trial Court, that the structure in question is only a temporary shelter and is not a permanent structure.

(2.) The principal ground canvassed by the appellant's learned advocate is that the identity of the plot itself is in dispute. It is his contention that his client is in possession of that area and that the respondents, who are entitled only to use the adjoining plot, have encroached into his property. He submits that even if they are entitled to use their own property, that they should be restrained from putting up any construction as far as the appellant's property is concerned. The learned trial judge has, after a detailed consideration of the facts, come to the conclusion that the appellant has absolutely no right as far as that property is concerned and that the respondents are fully justified in carrying out the construction in question.

(3.) As far as this facet of the matter is concerned, after hearing learned advocates and examining the material placed before me, I am of the view that the finding of the learned trial Judge, as far as this aspect of the case is concerned, is not only well considered, but that it is correct my mind, no interference is called for as far as the finding of fact is concerned.