IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.1596 OF 2009 (Arising out of S.L.P. (C) No.6530 of 2006)

Kamala Kom Mahabaleshwar Warkar        ...Appellant(s)

Versus

Krishni Kom Pundalik S. (Dead) Rep. By L.R.  ...Respondent(s)

O  R  D  E  R

Leave granted.

By the impugned order, the High Court, after taking note of the fact that

Defendant No.2 had raised construction on the land belonging to plaintiff-appellant,

directed him to pay a sum of Rupees thirty five thousand to the plaintiff-appellant.

The suit was filed in the year 1974.  At that time, valuation of the suit property was

between Rs.10,000  and 15,000.

Having heard learned counsel for the parties and taking into consideration

the totality of the circumstances, we are of the view that the High Court should have

directed Defendant No.2 to pay Rs.1,50,000/- to the plaintiff in lieu of her property.

Accordingly,  the  appeal  is  allowed  in-part  and  the  impugned  order  is

modified  to the  extent  that  defendant  No.2 is  directed to  pay  Rs.1,50,000/-  to  the

appellant within a period of six months from today.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, March 06, 2009.