CORPORATION OF COCHIN Vs. VASUDEVAN

JUDGEMENT

(1.) This appeal has been directed against the judgment and decree in OS No. 125 of 1978 on the file of the Court of Third Addl. Subordinate Judge, Ernakulam. The said suit was filed by the respondent for recovery of damages from the appellant, the Corporation of Cochin towards the loss sustained by the respondent as a result of demolition of the building of the respondent at the instance of the Commissioner of Cochin Corporation.

(2.) The facts that led to the above suit are as follows:

(3.) In the written statement filed on behalf of the appellant it was contended that the suit was not maintainable and it was barred by limitation under S.424(2) of the Kerala Municipal Corporations Act and that no suit for damages or compensation would lie against the Corporation in respect of any act done in pursuance or in execution or intended execution of the said Act and that therefore the plaintiff bad no cause of action to file the suit. It was also stated in the Written Statement that the reply sent by the respondent was unsatisfactory and the respondent carried out the roof concreting of the building in spite of the notice and therefore the demolition was effected under S.405(1)(b) of the Act. The quantum of damages claimed also was disputed in the written statement.