High CourtsDivision Bench(1909) 11 MAD CK 0002

Meera Mohideen Rowthan vs Dubash Kadur and Others

Madras High Court · Decided on 25 November 1909 · Citation: 6 Ind. Cas. 286

HON’BLE JUDGES
Ralph Benson, O.C.J. · Krishnasamy Aiyar, J

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Judgment

5 paragraphs · 116 words
1.

The defendant''s plea was special permission of the landlord in the case of each ryot to build. This has been found against. He is not entitled to

ask us to hold that the plot has been converted from nangal into a building site by the fact that it has not been cultivated as nangal for 30 years. He

has received pattah and paid rent on the basis that the land was nangal.

2.

The injunction has been granted. The defendant had notice not to build. There has been no laches on the plaintiff''s part. The fact that other

tenants have built is no ground for lefusing the injunction. The second appeal is dismissed with costs.