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1 - 2 of 2 (0.17 seconds)Kalyan Singh, London Trained, ... vs Smt. Chhoti And Ors on 1 December, 1989
21. The Ld. Counsel for appellant though has relied upon the
judgment reported in Kalyan Singh Vs. Smt. Chhoti & Ors. AIR
1990 SC 396 to buttress his contention that even the action brought by
a private person in respect of a public land was maintainable.
RCA No. 92/14
Hazrat Hussain Vs. Nanak Chand & Ors. Page 14 of 18
However, the facts in the said case are distinguishable. In the said
case, the suit property belonged to the community and in those
circumstances, it was held by the Hon'ble Apex Court that, "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 encroachments therefrom. Such a suit need not
comply with the requirement of O.1 R.8. The suit against alleged
trespass even if it was not a representative suit on behalf of the
community would be a suit of this category."
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