Occupancy Right, Its History And Incidents : Together With An Introduction Dealing With Land Tenure in Ancient India

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23 is applicable not only to cases where the land is made permanently unfit but also to cases where it is made temporarily unfit, for the purpose of the tenancy.^ ' Hari r. Surendya—6 C. L. J. 19 P. 0. = 34 Cal. 718 P. C.= U C. W. N. 794= L.B. 34 I. A. 133.
' Saitrendra v. Bahini — 15 Ind. Cas. 497.
=> Bajkishore v. Rajani— 23 C. L. J. 85 = 20 C. W. N.
* Hari V. Baroda—8 0. W. N. 754=31 Oal. 1074.
212 INCIDENTS or OCCUPANCY UI6HT.
Landlord's remedy for improper use, In cases of such improper us
...e of the land, the landlord is entitled to ask for an injunction for restraining the conve sion and for damages to the extent of the actual loss sustained by him. It is inequitable and unjust to compel the raiyat to fill up the tank or remove the structures or the fruit trees he might have planted. It is also inequitable to award as damages an amount that may be necessary for filling up the tank or other excavation.
The measvi-K of dar-ages should be regulated by a calculation of the probable loss that may in future be sustained by the landlord.


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