GEORGE THOMAS Vs. MALAYALAM PLANTATIONS LTD

JUDGEMENT

(1.) THE appellant before us is the plaintiff in O. S. No. 468 of 1954 of the Munsiff's Court, Pathanamthitta. He sued for declaration of title in respect of the trees standing in the property described in the plaint schedule, for recovery of damages for trees cut and appropriated by the first defendant and for an injunction restraining the defendants from cutting further trees. THE suit was decreed by the trial court awarding the plaintiff a sum of rs, 200/- as nominal damages and granting the other reliefs prayed for. On appeal by the first defendant the decree was reversed and the suit was dismissed.

(2.) THE facts necessary for the decision of the second appeal may be stated. THE land in question belonged to Edavana Madhom in chengannur. THE Rubber Plantation Investment Trust Limited, a nominee of one charles Brender who had entered into an agreement with Edavana Madham took the land measuring 831 and odd acres on lease from Edavana Madhom on 20th June,' 1911. Ext. A is the original lease deed in Malayalam and Ext. I an English translation thereof, both of which were registered on the same day. THE lease was for a term of 99 years and was for the purpose of opening a rubber estate, as seen from the lease deed.

(3.) THAT it shall also be lawful for the Trust to fell all other trees standing on the lands in clearing the said lands for cultivation but that the lessor shall alone be entitled to the timber thereof provided the same is removed by him within six calendar months from the date of these presents and provided also during that time the removal of the said timber is effected without in anywise causing any injury or damage to the plants or plantations in the premises. If however the removal of the timber hereinbefore mentioned is not effected or completed within the period hereinbefore stipulated it shall not hereafter be lawful for the lessor to claim removal of the same or the price or value thereof.