BAIJ NATH PRASAD Vs. BHAGWATI DIN

JUDGEMENT

(1.) THIS is a defendants second appeal arising out of a suit for recovery of damages along with an interest at the rate of 6% per annum pendente lite and future.

(2.) THE trial court had decreed the suit in part assessing the extent of damages to be only Rs. 5,500 as against Rs. 11,000 as claimed. THE defendants felt aggrieved by the same, preferred an appeal which was dismissed, hence, the present second appeal.

(3.) DURING the pendency of the aforesaid suit, the defendants has demolished a large part of the nali in suit. The plaintiff in the circumstances got his plaint amended and claimed a further relief claiming a decree of mandatory injunction requiring the defendants to restore the nali in question to its original condition and in case they failed to do so prayed that the same be allowed to be restored by the plaintiff through court.