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1959 Supreme(Cal) 36

K.C.DAS GUPTA, R.S.BACHAWAT
JIVANDAS KHIMJI – Appellant
Versus
NARBADA BAI – Respondent


Advocates Appeared:
B.N.DUTT ROY, NIREN DEV

DAS GUPTA, CJ.

( 1 ) THE main question raised in this appeal is a question of law, namely, whether an award made by a Land Acquisition Collector under Section 11 of the Land Acquisition Act is a nullity, because of the omission of the Collector to include therein compensation claimed by the owner of an adjoining land in respect of easement over the land acquired, when such omission is the result of the Collector's opinion that no such compensation should be allowed. The respondent Narbada Baa brought the suit for a declaration that she was entitled to a right of easement in respect of certain windows on the ground, first and second floors on the western side 6f her premises No. 161, Lower Chitpore Road and to have access of light and air into the rooms, thereof through the said windows; for an injunction restraining the appellant, Jivraj Jivandas Khimji, from interfering with the right of easement and with the access of light and air through the windows for a permanent injunction directing him to remove and pull down obstructions which had been put up; for a permanent injunction restraining him from proceeding with the construction of a boarding or from putting up construction of
























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