( 1 ) IN 1938, the appellant Parul Bala Roy Choudhury purchased from the Calcutta Improvement Trust a plot of land No. 881 of Scheme No. 33 covering an area of 5 cottas 13 chataks and 25 sq. ft. While she was the owner of the whole of the plot, she submitted a building plan for sanction by the Calcutta Corporation. The plan was sanctioned by the Corporation on 15-5-1939, This plot viz: 381 is a corner plot abutting on two 40ft. wide streets made by the Calcutta Improvement Trust. The greater length of the plot is north to south. One face of the plot, namely, the northern one, abuts on one 40 ft. road and west face of the plot on the other 40ft. road. The plan which was submitted for sanction and which was sanctioned by the Corporation showed for the purpose of the building the frontage of the plot to be on the northern road. An open space was left at the farthest end opposite to this road and at the back of the proposed building, that is to say, the open land was shown to be the southern part of plot No. 381. This open space was 87ft. and odd wide from north to south.

( 2 ) AFTER obtaining this sanction, the appellant sold the southern portion of plot No. 3