OSMANIA UNIVERSITY Vs. V RAJESWARA RAO

JUDGEMENT

(1.) The Osmania University, as an agent of the Andhra Government, isresisting, in these revisions, a claim by various plaintiffs mostly claiming to he trespassers in adverse possession of a large tract of urban land of about Ac. 8-00 which to-day may be costing a few crores of rupees in Hyderabad city.

(2.) These 13 revision petitions are filed by the Osmania University(defendant in various suits filed by the respondents). The revisions are directed against an order granting temporary injunction against the petitioner under Order 39, Rule 1, C. P. C. There is considerable history behind the litigation which goes back to 1956 and it is necessary to refer to the same. This history can be gathered from the decision of the Supreme Court in Government of A.P. vs. T. Krishna Rao.

(3.) The Government of Nizam of Hyderabad acquired, under theHyderabad Land Acquisition Act of 1309 F. various extents of land belonging to one Nawab Zainuddin after whose death the property devolved on Nawab Habibuddin. The lands were in R.S.No. 10/1 (corresponding to plot No. 94) admeasuring Ac. 10-02 guntas, R.S.No. 10/2 (corresponding to plot No. 104) admeasuring Ac. 9-33 guntas ; and R. S. Nos. 7, 8 and 9 (corresponding to plot No. 111) of an extent of Ac. 26-14 guntas. The acquisition of the land took place between 1932 and 1937 for the benefit of Osmania University which was then administered as a Department of the Government of Hyderabad. The University acquired an independent legal status of its own under the Osmania University Revised Charter, 1947 promulgated by the Nizam. On 13-2-1956 the Osmania University filed the suit (O.S. No. 1/56) against Nawab Habibuddin, in the City Civil Court, Hyderabad claiming that the above extent of land was acquired by the Government for its benefit and seeking eviction. The suit was dismissed by the trial Court in 1959 on the ground that plot No. 111 was not acquired by the Government and that though plot Nos. 94 and 104 were acquired the University failed to prove possession thereof within 12 years, according to the decision of the Full Bench of the Madras High Court in Official Receiver East Godavari vs. Govindarajulu (2). Jn regard to the plot Nos 94 and 104 it was found by the trial Court that Nawab Habibuddin had encroached thereupon in the year 1942 which was more than 12 years before filing of the suit. The University filed C. C. C. A. No. 61/59 against that judgment but the same was dismissed by a Division Bench of this Court on 24-1-1964. So far as plot No. 111 was concerned, the University sought to file certain additional documents in the appeal to show that even that extent of land was acquired by the Government but the said additional evidence was rejected. The State Government was not a party to the above said proceedings.