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1968 Supreme(Ker) 163

K.SADASIVAN
Bhagavadas Krishnadas – Appellant
Versus
P. S. Soma Iyer – Respondent


Advocates:
P.C. Balakrishna Menon, K.P. Radha krishna Menon, for Appellants; T.L. Viswanatha Iyer, for Respondent No. 1.

JUDGMENT :- Defendants 1 and 2 are the appellants in the second appeal. The suit against them was for compensation for use and occupation. The plaint property belonged to one Krishnadas. For arrears of income tax due, the property was brought to sale in revenue recovery proceedings and purchased by the plaintiff on 15-5-1954. There were two buildings in the property, buildings bearing numbers 682 and 683 which were both occupied by the defendants. Till 30-11-54 that is, the date of confirmation of the sale the defendants were in possession and they were taking the usufructs from the property. On 30-11-54 they were dispossessed of the compound; but at the request of the defendants they were allowed to continue their residence in the buildings, on their agreeing to compensate the plaintiff for the loss of rent that he was likely to sustain thereby. On 21-10-1955 the defendants were dispossessed of the buildings also; but nothing was paid by them by way of damages for the period between 30-11-54 and 21-10-55 as was agreed to by them. Accordingly the suit was instituted for damages for the said period. The defendants contested the claim and stated that they got knowledge of the sale on














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