MUNICIPAL COMMISSIONER Vs. DAVID J BHANU

JUDGEMENT

(1.) This second appeal is at the instance of a local authority the Quilon Municipality. It arises out of a suit, by an inhabitant of that Municipality. It is for damages sustained by the plaintiff as a result of an aged tree falling on his building. The owners of the property in which the dangerous tree stood in its extra ordinary pose, are defendants 2 to 8, the legal heirs of one Aha aimed Khan. The Municipality was sought to be made liable for its gross default in the discharge of its statutory duty cast under the Municipalities Act in relation to the abatement of a nuisance caused by a dangerous tree.

(2.) The Trial Court decreed the suit and awarded a sum of Rs. 10,000/- as damages. There were two appeals, one by the first defendant Municipality and the other by the legal heirs of Ahammed Khan. The appellate court affirmed the liability of the defendants but restricted the damages to Rs. 3,000/-.

(3.) The Municipality seeks to dispute its very liability by presenting this second appeal.