UNION OF INDIA Vs. RABINDRANATH DAS

JUDGEMENT

(1.) UNION of India has filed this appeal challenging the confirming judgment passed by the courts below in M. S. No. 296 of 1979 directing them to deposit Rs. 8625. 52 P. for damages for having demolished the structure standing on Railway Plot Nos. 14 and 15 constructed by the Plaintiff on or about 1.7.1975.

(2.) UNDISPUTEDLY the original plaintiff was a licensee for the said plots belonging to the South Eastern Railway near Cuttack Railway Station pursuant to an agreement bearing No. KUR/Eng./20 dated 20.12.65 executed by and between the Railways and the original plaintiff. After execution of the agreement the original plaintiff took possession of the demised property and constructed a shed thereon along with two pucca rooms and carried on business thereon. Without notice to the licensee -original plaintiff, his house was bulldozed resulting in loss to the tune of Rs 5000/ -. The original plaintiff also claimed other damages due to illegal and highhanded action of the appellants.

(3.) SINCE no substantial question of law arises in this appeal, it would not be proper to keep this case alive.