P K NAYAR Vs. RAGHAVA MENON

JUDGEMENT

(1.) This is an appeal by the defendant against the decrees and judgments of both the subordinate courts issuing a mandatory injunction against him to restore a track to its former state and also giving certain consequential directions.

(2.) Originally, there were two points in controversy between the parties namely, the right of the plaintiff to get a decree for damages in respect of the usufruct of a mango tree appropriated by the defendant and also regarding the obtaining of a mandatory injunction against the defendant.

(3.) So far as the claim regarding damages for the usufruct of the mango tree is concerned, the Trial Court awarded a decree in favour of the plaintiff in the sum of Rs. 20 and though it was a subject matter also in the appeal against the decree, the defendant did not press his case regarding that portion of the decree. Therefore, the only point in controversy now in the second appeal is as regards the mandatory injunction granted as against the appellant by both the subordinate courts.