STATE OF KERALA Vs. ABRAHAM, S/O.ULAHANNAN

JUDGEMENT

(1.) THE State who suffered a decree for money at the hands of the trial court which was confirmed in appeal has preferred the Second Appeal before this Court. The matter relates to the construction of a water channel.

(2.) THE plaintiffs in the suit have their property on the eastern side of the water channel. According to them, it has a depth of 2.5 metres. When the defendants namely, defendants 3 and 4 undertook the work for construction of retaining wall on the opposite side of the property of the plaintiffs, they cautioned them that when putting up a retaining wall on the western portion of their property, it might cause damage to their property. Further, according to the plaintiffs, the defendants promised to do whatever is necessary and believing the words of the defendants, the plaintiffs remained silent. Further it is alleged that they dumped soil removed from the western side of the thodu in the middle of the channel and the result was that there was unprecedented flooding on the eastern side causing damage to the western bund of the plaint schedule property and also destroying various portions of their property. Alleging that the said damage was caused solely due to the act committed by the defendants which there were already cautioned, suit was laid.

(3.) THE defendants resisted the suit. They denied of taking of soil as alleged by the plaintiffs. In their written statement, they denied all the allegations in the plaint.