knowledge. The Division Bench, however, restricted the knowledge test.
45. As per the Division Bench in MySpace (supra), knowledge could be
actual knowledge and constructive ... only question was
whether MySpace had reason to believe i.e., constructive knowledge of the
infringement and if yes, then what is the role
friend of the father who stated that
the Defendant had constructed the first floor after death of the father. He
also confirmed that mother ... with him and the execution of this
deed was not within his knowledge. The cross-examination is not very
satisfactory and only suggestions have been
they were demolished. It is further claimed
that the Defendant again illegally constructed the said demolished stores and
the Plaintiff has filed a separate eviction ... came to be decreed as ex-parte on 5th December, 1998.
The knowledge of the said decree was acquired by the Plaintiff only
sanctioned building plan available on the record. The
construction which is constructed prior to 1958 we
take it in order said sanctioned the fresh building ... marked „C‟. I cannot
say if the building in question constructed prayer to
1958.
XXXXXX by Jasmeet Kaur, Counsel
damage was caused. The
said witness confirmed that he had no personal knowledge of the demolition
drive.
9. On the issue of damages, the Trial ... roof
with rolling shutters, complete with electrical work and
three shops constructed upto roof level which were
demolished and for removing the malba
competing stands are that while the Plaintiff states that he is in
constructive possession, the Defendant states that Plaintiff has no share in
the property ... Hauz Khas to name a few. It is
a matter of common knowledge that the rents are very
CS (OS) 3452/2014 Page
Urvashi Aggarwal & Anr. vs Kushagr Ansal & Ors. on 12 November, 2018
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