A CHELLAYYAN Vs. PONMANAI TOWN PANCHAYAT

JUDGEMENT

(1.) K.Narayana Kurup, J.: These Letters Patent Appeals are directed against the common judgment of a learned single Judge of this Court in A.S.Nos.446 of 1986 and 923 of 1988, confirming the judgment of the trial Court with a slight modification towards interest.

(2.) THE brief facts necessary for disposal of these appeals are as follows: THE appellant herein figured as plaintiff in O.S.No.38 of 1984, in which the respondent- Panchayat herein figured as defendant. That suit was one for declaration that Ex.A-3 agreement, entered into between the appellant and the respondent for enjoyment of the usufructs of trees, has become unenforceable on account of unprecedented drought of a sweeping nature and for an injunction, restraining the respondent from claiming any amount due from the appellant under Ex.A-3 and further for the recovery of a sum of Rs.21,610 said to have been paid by the appellant to the respondent in excess of what could be actually due under Ex.A-3 agreement. In O.S.No.18 of 1984, the respondent-Panchayat figured as plaintiff. That was a suit for recovery of a sum of Rs.1,06,000 from the appellant with principal and interest, being the arrears of instalments due from the appellant under Ex.A-3. Both the suits were clubbed together and a common judgment was passed, dismissing the appellant's suit (O.S.No.38 of 1984) and decreeing the respondent's suit (O.S.No.18 of 1984).