CORPORATION OF CALICUT Vs. KUNHALIKUTTY HAJI

JUDGEMENT

(1.) This revision petition is filed against the decision of the learned District Judge of Kozhikode confirming the decision of the Munsiff, by which a decree was granted to the plaintiff respondent for damages to the extent of Rs. 20 against the petitioner Corporation.

(2.) The suit arose in the following circumstances: The respondent plaintiff in the suit is the owner of a property in Ward No. 14 within the Corporation of Calicut. On receipt of a complaint by the Corporation from a tenant of the respondent that one of the coconut trees standing in the property was in a dangerous condition and is likely to fall down, the Corporation cut down the tree. It was later sold and the proceeds adjusted towards the cost of cutting. The respondent then filed the suit from which this revision arises for damages alleging that the action of the Corporation was illegal and high - handed and that the tree had been cut without bona fides and at the instigation of an enemy of the respondent.

(3.) Both the Courts below found that the tree was in a dangerous condition and the Corporation was justified in cutting it. The Courts, however, held that the Corporation was not justified in selling the tree without giving a notice to the respondent and it was therefore liable for damages to the extent of Rs. 20, which was the value estimated for the tree.