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1984 Supreme(Ker) 63

BHASKARAN NAMBIAR, G.BALAGANGADHARAN NAIR
SIDHARTHAN – Appellant
Versus
RAMADASAN – Respondent


Judgment :-

1. The short facts under which this appeal by the plaintiff arises can be stated thus:

2. The plaintiff-appellant let a shop room to the defendant -respondent under Ext. Al dated 10-2-1969 for his business. On 5-12-1973 a lorry KLD. 619 which came along the adjoining road dashed against the shop room and damaged it completely. C schedule in the plaint is the site of the shop room. The defendant attempted to construct a shop room at the site of the old room. The plaintiff thereupon brought the suit for an induction to stop the construction. He attained an order of temporary injunction to the same effect. However in breach of the injunction the defendant proceeded with the construction even extending beyond the original, site. The D schedule is the area upon which the construction was thus extended. This extension was however demolished under the order of the Calicut Corporation within whose limits the land lies. The plaintiff then amended the plaint into one for recovery of possession of the C and D schedule plots after restoring them to their original condition. The B schedule consists of the C and D schedules and the A schedule is the aggregate of the 3 schedules. The d























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