J U D G M E N T

The suits for damages, were jointly tried and dismissed by the trial court. The plaintiff is in appeal.

2. The property of the plaintiff is situated at a depth of 12 feet from the adjoining road. For construction of a building in the property, he obtained a building permit dated 18.07.1990 from the Corporation. Since the property was at a depth of 12 feet, he had to construct a staircase for taking materials. Accordingly, a staircase was constructed on the northern portion of the property. According to the plaintiff, the northern property owner who is a highly influential person was not on good terms with him. At his instance the Corporation issued a stop memo pointing out that the construction of the staircase was illegal. Thereupon the plaintiff approached the Government which issued an order dated 17.12.1990 permitting such construction on executing an agreement with the Corporation that, on completion of the ground floor, the staircase will be demolished. In July, 1991, the plaintiff stopped the construction due to paucity of funds. However, he started occupying the incomplete ground floor. Thereupon the Corporation issued Ext.A1 notice dated 15.07.1991 proposing