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Ganesh Naraian th. LR’s. vs. Prem Chand th. LR’s.

46.00 4.60

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Permanent Injunction–Suit for–Dismissed–Case of the plaintiff that he handed over the possession of the tenanted shop in pursuance of the compromise in order to re-construct the whole building–As per compromise deed, there is no such condition for restoration of the possession of plaintiff after reconstruction of the shop–He has not instituted the suit for restoration of possession placing the reliance on the compromise deed–On the contrary, he challenged the compromise deed and claimed the same to be declared null and void–Suit rendered infructuous in view of the admission that the suit shop has been demolished pursuant to the agreed terms of compromise–He did not get amended the plaint for restoration of his possession–He did not reserve his right of restoration of possession–He came with a different theory which is detrimental to the own interest and contrary to terms of compromise deed–Held, the suit was rightly dismissed.