PATHUMUTHUMMA Vs. KHAJA MOIDEEN

JUDGEMENT

(1.) This appeal is by the defendant against the judgment and decree of both the trial court and the first appellate court in a suit for injunction. Cross objection was also preferred by the plaintiff.

(2.) The subject matter of the suit is the trees standing on a landed property scheduled in the plaint. The plaintiff is none else, the brother-in-law of the defendant and the son-in-law of defendant's mother. The plaintiff claims that the trees standing on the property covered by a gift deed of the year 1970 was sold to him by the mother-in-law prior to the execution of the gift deed. The sale of trees made mentioned in the gift deed and the gift was given to the defendant, subject to the said sale. Hence the suit for permanent prohibitory injunction, restraining the defendant from obstructing the cut and removal of those trees from the property.

(3.) The defendant contended that the suit is barred by limitation. Some of the trees situated in the property were cut and removed in the year 1970 by the plaintiff in accordance with the alleged sale. The cut and removal of the remaining trees was objected which has resulted in a suit by the plaintiff against the sister of the defendant in O.S. No. 460/1970. The present suit was filed after the lapse of more than 18 years. There is no substantial prayer in the suit to adjudicate the disputed title over the trees situated in the property.