Supreme Court of India · 2011-01-27
HARI RAM vs JYOTI PRASAD
- Citation / case number
- SC 2009/28161
- Court
- Supreme Court of India
- Petitioner
- HARI RAM
- Respondent
- JYOTI PRASAD
- Author
- MUKUNDAKAM SHARMA
- Bench
- MUKUNDAKAM SHARMA,ANIL R. DAVE, , ,
Judgment text excerpt
The Supreme Court upheld the concurrent findings of the lower courts regarding the encroachment of a public street by the appellant, affirming the trial court's decision under Order I Rule 8 of the Code of Civil Procedure. The Court noted that the respondents had a common interest in the disputed street, which was originally designated for public use, and that the appellant's actions constituted illegal encroachment. The judgment emphasized the necessity of civil suits for resolving disputes over property rights, particularly in cases involving common areas.