NDLI: Hari Ram Vs. Jyoti Prasad & Anr

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Limitation Act 1963
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Limitation Act, 1963 (36 of 1963)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Limitation Act, 1963 - s.22 - Suit filed alleging that the defendants had illegally encroached on a public street - Trial court decreed the suit and issued permanent injunction . Decree challenged on the ground that the suit itself was barred by limitation - Held: The suit could not be said to be barred by limitation as encroachment on a public-Street is a continuing wrong and therefore, there existed a continuing cause of action - S.22 of the Limitation Act would apply - Code of Civil Procedure, . 1908.Code of Civil Procedure, 1908:Order I Rule 8 - Suit filed alleging that the defendants had made illegal / unauthorized construction over a 10 feet wide public street by way of illegal encroachment- Trial court decreed the suit and issued permanent injunction directing removal of unauthorized construction - Decree challenged, on the ground that the suit was bad for non-compliance of the provisions of Order I Rule 8 - Held: Apart from being a representative suit, the suit was filed by an aggrieved person whose right to use public street of 10 feet width was prejudicially affected - Since the affected person himself had filed a suit, therefore, the suit cannot be dismissed on the ground of alleged non-compliance of the provisions of Order I Rule 8 - Any member of a community may successfully bring a suit to assert his right in the community property or for protecting such property by seeking removal of encroachment therefrom and in such a suit he need not comply with the requirements of Order I Rule 8 - In that view of the matter, the suit filed was maintainable.Suit filed by respondents alleging that the defendants had made illegal / unauthorized construction over a 10 feet wide public street by way of illegal encroachment - Trial court decreed the suit and issued permanent injunction directing removal of unauthorized construction - Decree affirmed by First Appellate Court as also High Court - Challenge to, on the ground that it was not proved that the suit land was a public street in which encroachment was made by the appellant- defendant - Held: On appreciation of the evidence, all the three courts below namely the High Court, the First Appellate Court as also the trial court held that the disputed suit land is a part of the public street where the appellant had encroached upon - The aforesaid .findings are findings of act - The evidence on record proved that there existed a public street of 10 feet width and also that the appellant had encroached upon the suit property consisting of the aforesaid street of 10 feet width - Decree passed by the trial court accordingly confirmed.
Judge	Hon'ble Mr. Justice Mukundakam Sharma
Neutral Citation	2011 INSC 74
Petitioner	Hari Ram
Respondent	Jyoti Prasad & Anr
SCR	[2011] 1 S.C.R. 1076
Judgement Date	2011-01-27
Case Number	1042

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Hari Ram Vs. Jyoti Prasad & Anr

Please Log-in to view this content

Hari Chand @ Harish Chandra Vs. Shri Daulat Ram

Hari Prasad Bhuyan Vs. Durga Prasad Bhuyan and Ors.

Jagat Ram Vs. Varinder Prakash

Anandilal & Anr Vs. Ram Narain & Ors.

Nand Ram (d) Through Lrs. & Ors. Vs. Jagdish Prasad (d) Through Lrs.

Lala Ram Vs. Hari Ram

Jyoti Bhushan Gupta Vs. The Banaras Bank Ltd.

Ajay Dabra Vs. Pyare Ram & Ors.

Talkeshwari Devi Vs. Ram Ran Bikat Prasad Singh & Anr.

Hari Ram Vs. Jyoti Prasad & Anr

Hari Ram Vs. Jyoti Prasad & Anr

Please Log-in to view this content

Similar Documents

Hari Chand @ Harish Chandra Vs. Shri Daulat Ram

Hari Prasad Bhuyan Vs. Durga Prasad Bhuyan and Ors.

Jagat Ram Vs. Varinder Prakash

Anandilal & Anr Vs. Ram Narain & Ors.

Nand Ram (d) Through Lrs. & Ors. Vs. Jagdish Prasad (d) Through Lrs.

Lala Ram Vs. Hari Ram

Jyoti Bhushan Gupta Vs. The Banaras Bank Ltd.

Ajay Dabra Vs. Pyare Ram & Ors.

Talkeshwari Devi Vs. Ram Ran Bikat Prasad Singh & Anr.

Hari Ram Vs. Jyoti Prasad & Anr