AYYAMPILLAI Vs. KALAISAMY

JUDGEMENT

(1.) The Appellant/Plaintiff has filed the present Second Appeal as against the Judgment and Decree passed in A.S.No.22 of 2005 dated 24/10/2005 passed by the Learned Special Judge, Kovilpatti in confirming the Judgment and Decree dated 5/10/2004 in O.S.No.9 of 2004 passed by the Learned District Munsif, Vilathikulam.

(2.) THE PLAINT FACTS: The Appellant/Plaintiff is residing at Vilathikulam Village and he has own lands besides the Government lands taken on lease. The Appellant/Plaintiff is enjoying the suit property approximately for the past 18 years and has paid the kist. He has made improvement in the suit land by planting different types of trees like Coconut Trees, Mango Trees, Palm Trees, Guava Trees, Neem Trees, etc., and has nurtured them. He has obtained 2 (c) patta from Vilathikulam Tahsildar, by filing a necessary application as per order dated 3/4/1998 and based on the same, he has been in enjoyment of the suit property continuously. The Respondent/Defendant has no communication in the suit property. The Respondent/Defendant is residing at Zameen Sengapadai Village, which is very near to the suit property and taking advantage of the same, has planned to steal the trees in the suit land and accordingly, has conspired with his deceased father Perumal Nadar and jointly, on 12/5/1998, at about 10.00 in the morning, trespassed into the suit property and has cut the five Neem trees, 6 Morinda Trees and 2 Guava trees and caused damage and has carried away the wooden pieces. The loss caused by the Respondent/Defendant and his father has been valued at Rs.25,000/-.

(3.) The Appellant/Plaintiff immediately lodged a complaint against the Respondent/Defendant and his father by filing a petition and Vilathikulam Police has registered a case in Crime No.147 of 1998 under Sections 120 (b), 421, 420, 379 and 506 (ii) of the Indian Penal Code. After investigation, the Police has filed a charge sheet against the Respondent/Defendant and his father before the Learned Judicial Magistrate, Vilathikulam. The case has been taken on file in C.C.No.43 of 2000. In the meanwhile, the Respondent/Defendant's father Perumal Nadar died. Hence, the criminal case, has been proceeded against the Respondent/Defendant.On 27/6/2000, the Respondent/Defendant admitted the offence before the Learned Judicial Magistrate, Vilathikulam by putting in writing that he has cut the trees and based on admission, the Respondent/Defendant has been fined a sum of Rs.250/- for the offence under Section 427 IPC; under Section 447 IPC he has been fined a sum of Rs.250/-; under Section 506 (ii) IPC, he has been imposed a fine of Rs.500/- and in all, he has been directed to pay a fine of Rs.1,000/- and the said fine amount has been paid by the Respondent/Defendant.