Cost of improvements

Costs of improvements can only be awarded on the basis of estimation which is possible through experts only — Petitioner was to proved with definite, cogent and convincing evidence but he failed to discharge the burden — In written statement he claims 60/70 thousand rupees as costs of improvements and in statement before Court he contradicted his stand — This seems to be no way to assess the costs of improvements — The right course was to assess the costs of improvements — The right course was to assess the costs of improvements by having estimation through a Commission after consultation with the relevant experts. Ghulam Murtaza v. Qalam Din 2003 SCR 172 (C)
Cost of improvement — Determination of — Defendant has claimed one lac Rupees as cost of improvement — Parties agreed and admitted the facts of the case — The finding of High Court regarding determination of compensation by the executing Court is modified — The plaintiff shall pay Rupees one lac to the defendant and then obtain the possession of the property. NAJEEB KHAN vrs MUHAMMAD SADIQ 2008 SCR 53 (A)
The cost of improvements in the form of consideration can only be assessed by an expert in the relevant field and price of trees can be assessed by a concerned expert — But this is not an inflexible rule on the basis of which cost can be refused. G. Murtaza v. Qalam Din 2008 SCR 540 (A)
Although correct method for calculating the improvements particularly when it is in shape of construction and fruit trees can be made by experts of relevant fields — But no inflexible rule can be laid down for the purpose — Relying on oral evidence and estimate made by witnesses the trial Court — Held: Rightly awarded the minimum amount of cost of improvements to Rs.50,000/-. Ghulam Murtaza v. Qalam Din 2008 SCR 540 (E)