paid to defendant's
attorney holder and Rs.10000/- as liquidated damages) with costs.
4. The defendant resisted the suit. The defendant alleged that ... Whether the plaintiff is entitled to the specific performance
and in alternative damages as claimed?
(9A)Whether the suit is barred in view of preliminary
also
for recovery of an amount of Rs. 11,60,000/-
as damages and mesne profit and also for
future damages.
7. In the said ... under the lease deed,
it cannot withhold the payment of
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rent/damages inter alia on the ground that
the suit premises belong
such unequal footing. The remedy of defendants
suing the plaintiffs for damages caused to them, after succeeding in the
present suit is not efficacious. Affluent ... suit pay a sum of Rs. 25 lacs by way of damages to the
defendants. If the plaintiff is reasonably confident of the genuineness
said
Act), the Supreme Court pointed out the
difference between damages recoverable
under the said two Sections. It was held
that while under Section ... Section 1A )
damages are recoverable for the benefit of
the persons mentioned therein, under
Section 2 , compensation goes to the
benefit of the estate; whereas
from
19.02.1998 onwards till the date of payment. Appellants have also claimed
damages on the market value of the plot @ 7% p.a. from ... from 25.3.1984 to 19.2.1997, along with interest
on damages @ 6% p.a. from 19.2.1997 till the date of payment.
11. It may be mentioned
total compensation of
Rs.8,50,584/- for pecuniary and non pecuniary damages, alleging medical negligence
and deficiency in service on the part ... That the complaint is entitled for
Rs.9,00,584/- towards Damages, the details of which are given below along with
interest @ 18% per annum
estate officer to pass orders concerning arrears of rent and damages in respect of
unauthorized occupation, Section 9 provides for appeals against the order ... necessary.
Section 7 - Power to require payment of rent or damages in
respect of public premises
(1) Where any person, is in arrears of rent
Section 1A
of the said Act, every action or suit to recover damages may be brought by and
in the name of the executor, administrator ... thing of temporal
value, so that its impairment is something for which damages should be given."
46. In Chairman, Railway Board vs. Chandrima
outstanding
dues including interest payable as on 31st July, 1999 and
liquidated damages in full is paid by the appellant on or
before 15th August ... apart from a sum of Rs.7.30
crores payable towards liquidated damages that were
provisionally determined. The appellant-company was
informed that in terms
become unlawful, therefore, q1,1e'stion"o'f
paying damages for use and oclcup-ationlllof_'thle
for the eriod subse uenttodeterrriinatiori ... tenant' under KRC Act, therefore question of grant of
damages or rnesne profits wouid not arise as such the
7
landlord would be entitled
