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1965 Supreme(Ker) 58

M.S.MENON, P.GOVINDA NAIR
Re – Appellant
Versus
Fr. K. C. Alexander – Respondent


Judgment :-

1. This is an appeal by the plaintiff. The suit was for recovery of two lakhs of Rupees, with interest thereon from the date of suit, from the first defendant in the suit, the State of Kerala. Shortly stated, the claim was for damages for the value of improvements said to have been lost to the plaintiff when he was evicted from 160 acres of land, described in the schedule to the plaint, in accordance with the provisions of the Land Conservancy Act, on the 8th of Karkitakom, 1114 M.E. It is now admitted that the land belonged to the State. According to the plaintiff those improvements had been effected by him bona fide on the property and he was entitled to the value thereof. He should have been allowed at least to remove the improvements. Because no value was given to him for the improvements and because he was not even allowed to remove his improvements, its value as detailed in the plaint has been claimed by way of damages. This claim was resisted by the State, the first defendant, on several grounds and various issues have been framed. The court below granted a decree to the appellant for Rs. 3000/ which amount was fixed as the value of the building in the property,























































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