Case Note & Summary
The appeal arose from a suit filed by the National Institute of Mental Health and Neuro Sciences (NIMHANS), a deemed university and society registered under the Karnataka Societies Registration Act, 1960, for declaration of ownership and possession of 'B' schedule property, which is part of a larger land originally acquired by the Government of His Highness Maharaja of Mysore in 1944 for a Tuberculosis Sanitarium. The acquisition was carried out under the Land Acquisition Act, invoking emergency provisions and dispensing with inquiry under Section 5-A. The acquired land included the 'A' schedule property, of which 'B' schedule is a portion. The State of Karnataka later allotted 14 acres of this land to NIMHANS in 1981 for expanding its activities. The plaintiff-institute claimed absolute ownership and sought possession from the defendants (appellants herein), who were in occupation. The trial court in O.S.No.9155/2004 partly decreed the suit on 24.01.2008, declaring NIMHANS as absolute owner of 'B' schedule property and directing defendant Nos.22 to 39 to deliver possession. Aggrieved by this decree, the defendants filed the present Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908. The appeal was heard by a Division Bench of the High Court comprising Justice N. Kumar and Justice S. Sujatha. The presented text, however, breaks off before any legal analysis or final order of the High Court, covering only the factual background of the land acquisition and the trial court's decree.
Issue of Consideration
KAHC010251952008_1
