JAI PRAKASH HYDRO POWER LTD Vs. SHIV DASSI

JUDGEMENT

(1.) THIS Regular Second Appeal and the CMPMO are being disposed of by a common judgment since they both arise out of the same proceedings.

(2.) BRIEFLY stated the facts of the case are that the Plaintiff Kandu Ram filed a suit for recovery of Rs. 1,13,735/ - against the Defendants -Jai Prakash Hydro Power Ltd. The allegations leading to the filing of the suit were that the Defendants -company had laid a high tension transmission line for transmission of power from Karchham to Jhakari and towers were being erected. It was alleged that during the execution of such work, extensive damage was caused by the Defendants -company to the property of the Plaintiff whereby the land and apple trees of the Plaintiff were damaged. On account of these factors, the Plaintiff claimed a sum of Rs. 1,13,735/ - as damages caused to his apple trees as assessed by a horticulture expert. In the plaint, it was stated that despite the requests of the Plaintiff to pay compensation, the Defendants -company had not paid any compensation and hence the suit for recovery.

(3.) ON the basis of these pleadings, the following issues were framed by the learned Trial Court: