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Meera Mohideen Rowthan Vs. Dubash Kadur and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in6Ind.Cas.286
AppellantMeera Mohideen Rowthan
RespondentDubash Kadur and ors.
Excerpt:
nanga land - conversion into a building site--injunction. - 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.
Judgment:

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.


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