CHERIYAMAMMU HAJI Vs. MOHAMMED

JUDGEMENT

(1.) THESE appeals arise out of O. S. 385. of 1967 on the file of the Munsiff's Court, Badagara. The second plaintiff is the appellant in s. A. 349 of 1968, while defendants 1 and 2 are the appellants in A. S. 183 of 1968.

(2.) THE suit is by plaintiffs 1 to 4 to restrain defendants 1 to 3 from entering into the plaint schedule item cutting kuzhikoors and removing earth therefrom, from doing any permanent damage to the plaint property and for recovery of damages on account of waste already committed therein.

(3.) THE suit property has been in the possession of tenants from 12 9 1882 on the strength of Ex. BI and the subsequent renewals. Ex. Al. the last of the series, recites that the kuzhikoors in the property belong to the tenant and the only improvement belonging to the landlord is the well in the property. THE suit property is in Badagara town and abuts the calicut-Cannanore Trunk road. In Ex. B5 the purpose of the lease is stated as follows: THE plaint property is only 30 cents in extent and it is described in Ex. Al as a garden land with a house and fruit bearing kuzhikkoors. THE annual purappad payable to the jenmi is Rs. 14/