Supreme Court of India · 2011-01-27
Hari Ram vs Jyoti Prasad & Anr
- Citation / case number
- AIR 2011 SUPREME COURT 952
- Court
- Supreme Court of India
- Petitioner
- Hari Ram
- Respondent
- Jyoti Prasad & Anr
- Author
- Mukundakam Sharma
- Bench
- Anil R. Dave, Mukundakam Sharma
Judgment text excerpt
The Supreme Court upheld the concurrent findings of the lower courts regarding the encroachment on a public street, affirming the trial court's decision under Order I Rule 8 of the Code of Civil Procedure and Section 133 of the Code of Criminal Procedure, 1973. The Court established that the existence of a common street for public use was a significant factor in determining the rights of the parties involved. The appeal was dismissed, reinforcing the lower courts' rulings on the illegal encroachment and the necessity of a civil suit for resolution.