( 110 )
1928. compulsorily acquired if the owner dearies that the whole should benw^nTn .t taken. The stage at which the defendant took his objection seems—— to be the proper stage, that is at the inquiry before the GovernmentAgent, Therefore, in my opinion, the possession of the propertyNorthern against the will of the owner is wrongful, and he is entitled to haveV. Katiagfi aD injunction to restrain the plaintiff or his officers from takingeunderem possession pending the determination of the action.
The order of the learned Judge will be set aside, and the plaintiffwill pay the costs of hearing in the Court below and of this appeal.
I should add that the objection based on section 87 of the CourtsOrdinance, 1889, taken by Mr. Obeyesekere as to the power of theCourt to grant an injunction in this case is met by the fact thata claim, in reconvention was made and for that purpose thedefendant occupies the position of a plaintiff.
Garvin J.—I agree.
Set aside.