SASIDHARA PANICKER Vs. PAUL DANIEL

JUDGEMENT

(1.) This appeal is filed by the 2nd defendant in a suit for compensation. The case of the plaintiffs is that on 10-08-1984 an elephant, by name "Baburaj", owned by defendants 1 to 4 and hired by 6th defendant became unruly and entered into the plaintiffs' land and committed several mischieves by felling 20 yielding coconut trees, destroying 4 coconut saplings, 3 yielding arecanut trees, 5 plantain and 5 paras of paddy. The plaintiffs therefore claimed compensation for felling trees Rs. 30,000/- and Rs. 250/- towards the value of paddy.

(2.) Among the defendants, 2nd defendant alone contested the suit. He claimed that he is the owner of the elephant and defendants 1, 3 and 4 have no right or liability. His case is that on the basis of an agreement between the plaintiffs and the 5th defendant, the mahout of the elephant, certain unyielding coconut trees were arranged to be felled by the elephant and while so, a lady who came there opened her colored umbrella and the elephant became violent and due to the breakage of must the elephant became" uncontrollable. But subsequently, it was controlled. It was stated that the elephant was taken to the plaintiffs' land for felling unyielding coconut trees at the expense of the Government and to plant new trees there. It was also contended that the amount claimed is exorbitant.

(3.) The Trial Court framed the following issues: