Girija Vallabhan vs K.Raghavan on 4 November, 2009
In deciding whether the
structure is permanent or not various considerations should weigh
such as purpose of the construction, period for which it is constructed
and the nature of construction including the materials used (See
Dukari Saha v. Kumarish Chandra Garai, AIR 1990
Calcutta 143). Apart from the fact that permission granted by the
R.S.A. NO.957 of 2009
-: 4 :-
father of respondent No.1 was not only not to the appellant but to the
beneficiary committee of which appellant may have been a member,
there is no acceptable evidence to show that nature of construction
comes within the mischief of Sec.60(b) of the Act. Therefore appellant
cannot urge a plea under Sec.60(b) of the Act.