AIR 1996 SUPREME COURT 3377 ::1996 AIR SCW 2822 ::(1996) 2 RRR 353 ::1996 (8) SCC 259 ::1996 ( ) LACC 238 ::1996 (1) CurCC 272 ::1997 ( ) All CJ 1054 ::(1996) 2 ICC 95 ::(1996) 1 Mad LW 178 ::(1996) 1 LJR 541 ::1996 (2) MadLJ24 ::1996 (1) RentLR 305 ::(1996) 2 SCR 402 (SC) ::1996 (2) SCR 402 ::1996 (1) LandLR 556 ::(1996) 2 JT 549 (SC)

Supreme Court Of India

(From : Madras)

Hon'ble Judge(s): K. Ramaswamy, G. B. Patnaik , JJ

(A) Civil P.C. (5 of 1908) , O.39 R.2— Injunction against Housing Board - Housing Board acquiring land for public purpose - Suit for injunction filed by landowner of small part of acquired land - Land Acquisition Officer (LAO) taking possession of whole land and delivering it to Housing Board - Non impleadment of LAO as party defendant to suit - Presumption under S. 114 (e) of Evidence Act, attracted - Land-owner cannot be said to be in possession of land - Injunction cannot be issued against Housing Board in whom Land stood vested. S. A. No. 1526 of 1988, D/- 7-4-1994 (Madras) Reversed. Evidence Act (1 of 1872) , S.114(e)— (Para 11 12) (B) Land Acquisition Act (1 of 1894) , S.16— Acquisition of land - Mode of taking possession - Recording of a memorandum or panchnama by LAO in presence of witnesses signed by them - Would constitute taking possession of Land. (Para 9) .....