SUNIL KUMAR PODDAR Vs. HOARE MILLER

JUDGEMENT

(1.) This suit illustrates the growing complexities of facts and law from sky-scrapers and multi-storeyed buildings now going up in the city of Calcutta. I shall deal with the significant points of law involved here under Issue Nos.4 and 8, after I have disposed of the facts.

(2.) In this suit the plaintiffs Sunil Kumar Poddar and Anil Kumar Poddar, a minor by his mother, natural guardian and next friend Sm. Sabitri Poddar, are suing the defendant Hoare Miller & Co. Ltd. for a perpetual injunction restraining the defendant, its agents, servants and assigns from carrying on or continuing further works of construction in its multi-storeyed building at premises No.15, Ganesh Chandra Avenue, Calcutta, and from raising the existing height of the structure in the said premises.

(3.) The plaintiff's case briefly is that they are the owners and are in possession of premises No.17, Ganesh Chandra Avenue, Calcutta. The plaintiffs' building is a five-storeyed building standing on or about 5.8 Cottahs of land. The ground floor of the plaintiffs' premises and a portion of the first floor are in the occupation of the plaintiffs themselves. The rest of the said premises is let out to companies and commercial firms of repute. It is a costly structure and according to the plaintiffs' pleading of expensive materials. The western wall of the plaintiffs' building stands upto a depth of 24 ft. from the road, Ganesh Chandra Avenue, and then that wall has a set-back on the east by about 4 ft. after extending 24 ft. to the north at right angles to Ganesh Chandra Avenue which runs from east to west. The defendant's premises No.15, Ganesh Chandra Avenue adjoins the plaintiffs' premises No.17 on the west. Until recently this premises No.15, Ganesh Chandra Avenue of the defendant consisted entirely of a vacant plot of land. It was only about June, 1963, that the defendant started the construction of a multi-storeyed building at premises No.15, Ganesh Chandra Avenue. It is the plaintiffs' case that the defendant dug up the land of No.15, Ganesh Chandra Avenue to a depth extending far beyond the foundation of the plaintiffs' premises without taking due care and caution. The plaintiffs allege that, by reason of this negligence on the part of the defendant, the foundation and the structure of the plaintiffs' premises at No.15, Ganesh Chandra Avenue became insecure and was threatened with extensive damage and even ultimate collapse. On or about July 22, 1963, when the defendant's work of excavation was going on in the defendant's premises, a portion of the plaintiffs' western wall measuring about 20 ft. in length in fact actually collapsed as a result of such work of excavation and construction and stacking up of heaps of earth on the land adjoining the plaintiffs' western wall. The plaintiffs immediately made representations to the defendant and thereupon the defendant restored that wall.