VENKATESH Vs. CITY MUN COUNCIL GULBARGA

JUDGEMENT

(1.) This appeal brought on behalf Of the plaintiff arises out of O.S.No.7 of 1968 on the file of the Court of the Civil Judge, gulbarga in which the plaintiff's suit for damages was decreed in part. The respondent-defendant is the City Municipal Council, Gulbarg (here in after referred to as 'the Municipality. The, plaintiff is the owner of everal buildings in Gulbarga town. 3 buildings belonging to, the plaintiff were demolished by the officers of the Municipality between 10-1-1966 and 21-1-1966 for the purpose of broadening a road. Before carrying out the demolition, the Municipality did not get the land with the buildings Acquired and the Land Acquisition Act.

(2.) The plaintiff brought the suit for recovery of Rs.40,000 as damages for the tortious of the defendant. The defendant contested the suit on various grounds. The quantum of damages was also disputed. On the pleadings, though the learned trial Judge framed a number of issues, the only material issues were three, and they are ; B.F.A. 55 OF 1972

(3.) The point for determination in the appeal is as to what is the proper amount of compensation for the damages suffered by the plaintiff. the goal of the damage remedy in cases involving injury to a person's interest in real property is that of compensation. One whose interest in immoveable property has been iniured bv the. tortious act or omission of another is entitled to those damages which will compensate him for the injury substained this principle is translated into the following two rules of damages :