BENJA PROPERTIES LIMITED V. SYEDNA MOHAMMED BURHANNUDIN SAHED ,MOHAMMED FIDAALI HEBATULLAH , HUSEESINBAHAL AHEMDALI HEBATULLAH , ATTORNEY GENERAL & COMMISSIONER FOR LANDS

JUDGMENT OF THE COURT

The issue in this appeal relates to legality of allotment and grant of alienated and privately registered land by the 5^th respondent, Commissioner of Lands, to the appellant.

By various deeds of assignment the 1^st respondent became the registered proprietor of LR No. 209/136/269 registered in 1911 as N64 428/1 20772 while the 2^nd and 3^rd respondents are registered proprietors of LR No. 209/136/239 registered in 1907 as N64 425/1 20769 (hereinafter referred to as the suit land or suit property).

3. The appellant company was granted and issued title to plot LR 209/12999 under Grant No. I.R. 72150 which plot overlaps and is part of the 1st, 2^nd and 3^rd respondents’ parcels of land. The appellant’s title and grant was issued on 3^rd December 1996.

4. The 1^st, 2^nd and 3^rd respondents filed suit against the appellant seeking a permanent injunction to restrain the appellant by its directors, servants, agents or otherwise from transferring, charging or dealing in any way with…