AMMINI ALIAS UNNI MAYA NANGIAR Vs. LAKSHMI

JUDGEMENT

(1.) This appeal is directed against the decree and judgment in A.S. No. 90/87 of the Additional District Judge, Thrissur, which was filed against the decree and judgment in O.S.No.117/81 of the Munsiffs Court, Wadakkancherry. The plaintiff before the court below is the appellant.

(2.) The facts, for the purpose of this case, in brief is this: The plaint schedule property having an extent of 26 cents comprised in Sy.No.1051/4 in Kottapuram Village belongs to the plaintiff. This 26 cents of property is a part and parcel of 42 cents allotted to the plaintiff under a partition deed of the year 1974. The plaintiff has alienated 6 cents to one Kochanthony and 10 cents to one Sankaran Asari, the remaining extent is the plaint schedule property.

(3.) On the eastern side of the plaint schedule property there is a Edavazhi. According to the plaintiff, the defendants are residing on the eastern side of the Edavazhi and they are attending to trespass upon the plaint schedule property and to cut and remove the cashewnut trees and thereby committed waste. The plaintiff has alleged that the defendants have cut down the cashewnut trees and tampered with the boundary of 10 cents. Therefore the plaintiff has filed the above suit for a decree of permanent injunction and also for realisation of damages to the tune of Rs.100/- with interest for the loss caused to the plaintiff by cutting the cashewnut trees from the plaint schedule property.