ACHUTHAN Vs. SUMITRA

JUDGEMENT

(1.) A dispute over two mango trees constitutes the grand subject matter of this appeal. The two mango trees are standing close to the boundry of the plaintiff and defendants' property. Plaintiff claimed that the two trees, exclusively belonged to him. Claiming title to these two trees, plaintiff filed a suit for declaration of his title over the trees and also for an injunction to restrain the defendants from plucking mangoes from the trees. Defendants contended that the trees are owned and possessed by them, since the trees stand in their property.

(2.) The Trial Court, on an appreciation of the evidence in the case, held that the plaintiff has failed to prove his title and possession over the two trees and dismissed the suit. Plaintiff filed an appeal. The lower appellate court confirmed the judgment and decree of the Trial Court. Now the plaintiff appeals.

(3.) From the brief sketch of facts set out above, it is plain that the dispute that was raised in the suit is essentially a dispute which has to be resolved on ascertaining definitely the truth of certain controversial facts. One of the crucial facts that has to be determined for a proper resolution of the controversy between the parties is to find out the exact situs of the trees in question. Naturally, the said investigation can be made more or less perfect and accurate by the issuance of a commission. The Trial Court issued a commission and the commissioner has filed a report giving the details regarding the situs of the trees. The commissioner's report and plan would show that the trees in question are standing in the property on the southern side of a boundary wall separating the properties of the plaintiff and defendants. Admittedly, the southern property belongs to the defendants. The Trial Court, chiefly relying on the commissioner's report and plan, held that the plaintiff is not entitled to the declaration and injunction prayed for in the suit. The appellate court also rested on the commissioner's report and plan, for holding that the plaintiff has not established a case meriting a decree for declaration and injunction.