PARUKUTTY AMMA Vs. THANKAM AMMA

JUDGEMENT

(1.) This second appeal is filed by defendants 1 and 3 in a suit for permanent prohibitory injunction and damages. The Trial Court granted a decree restraining the defendants from cutting or selling any tree from the plaint schedule properties and also from demolishing the house and also from committing waste. An amount of Rs.6,850/- was awarded as damages. The appellate Court confirmed the judgment and decree of the Trial Court.

(2.) The substantial questions of law formulated on which notice was ordered read as follows:

(3.) The plaintiffs contention is that item No.1 of the plaint schedule was obtained by the family of the plaintiff and defendants as per assignment deed in 1957 and there was a subsequent partition in 1972 by which it was allotted to the share of the 1st defendant. Item No.2 was obtained by the 1st defendant as per sale deed No. 1350 of 1954. The plaint schedule item No.3 was set apart to the share of the 1st defendant in a partition between herself and her son Achuthan Nair. These three items lie as a single compound. The 1st defendant assigned the properties to the plaintiff as per registered assignment deed dated 5.2.1981 and the plaintiff was in possession of the properties. The plaintiff was residing in the house in the plaint schedule. First defendant is none other than the mother of the plaintiff and she was also residing in the house. Defendants 2 to 4 are her children. Subsequently, the plaintiff shifted her residence to her husbands house. Defendants have no right over the plaint schedule properties. On 25.12.1983, the defendants cut and removed 4 jack trees and 12 teak trees and demolished a cattle shed. The plaintiff therefore claimed damages at Rs.9,000/-.