Section 91(1)(b) of the Code of Civil Procedure, 1908 – pre-requisites for Leave to institute a suit in public interest
Section 91(1)(b) of the Code of Civil Procedure, 1908 – pre-requisites for Leave to institute a suit in public interest
The appellants-complainants filed the suit and espoused the cause of public for alleged inaction of the authorities in prohibiting wrongful acts of the respondent no.7 in illegally and fraudulently transferring property in connivance with the State machinery. It is alleged that the authorities in collusion with respondent no.7 have wrongfully effaced property card of the land and the respondent no.7 has started developing SRA scheme by usurping the suit property.
HELD that since neither public property nor public nuisance nor wrongful act affecting or likely to affect public interest is involved in the matter, leave to institute suit cannot be granted.
Appeal from Order No.271 of 2023 in Fayzan Khan and another vs. Superintendent of Land Records
