Kom Mahabaleshwar Warkar Vs. Krishni Kom Pundalik S.(D)Rep. by Lr.  INSC
502 (6 March 2009)
APPELLATE JURISDICTION CIVIL APPEAL NO.1596 OF 2009 (Arising out of S.L.P. (C)
No.6530 of 2006) Kamala Kom Mahabaleshwar Warkar ...Appellant(s) Versus Krishni
Kom Pundalik S. (Dead) Rep. By L.R. ...Respondent(s) O R D E R Leave granted.
impugned order, the High Court, after taking note of the fact that Defendant
No.2 had raised construction on the land belonging to plaintiff-appellant,
directed him to pay a sum of Rupees thirty five thousand to the
was filed in the year 1974. At that time, valuation of the suit property was
between Rs.10,000 and 15,000.
heard learned counsel for the parties and taking into consideration the
totality of the circumstances, we are of the view that the High Court should
have directed Defendant No.2 to pay Rs.1,50,000/- to the plaintiff in lieu of
the appeal is allowed in-part and the impugned order is modified to the extent
that defendant No.2 is directed to pay Rs.1,50,000/- to the appellant within a
period of six months from today.
......................J. [B.N. AGRAWAL]
......................J. [G.S. SINGHVI]
March 06, 2009.