KULANDAI THERASAMMAL Vs. MARIA RATHINAM

JUDGEMENT

(1.) This second appeal is directed against the decree and judgment dated 19.08.1997 made in A.S.No.162 of 1996 on the file of the District Court, Sivagangai modifying the decree and judgment of the District Munsif Court at Sivagangai in O.S.No.268 of 1994 dated 26.07.1996.

(2.) For the sake of convenience, the parties averred in the plaint is referred in the appeal.

(3.) The appellant/plaintiff has filed a suit for declaration, injunction and also claiming a sum of Rs.2,100/- as damages for cutting the balm trees. According to the appellant/plaintiff, the suit property viz., Survey No.366/9 to the extent of 1.85.0 Ars, in which 30 balm trees also belonged to the plaintiff as per sale deed dated 29.04.1955 and patta was granted in his name and the plaintiff has paid kist and enjoying the suit property. It is further stated that at the time of Updating Register scheme joint patta was given in the name of plaintiff and the first defendant. As against the proceedings, the plaintiff has filed an appeal before the Tahsildar, Sivagangai in B-9-15.199/86 and it is pending and taking advantage of the above said joint patta, the first respondent/1st defendant cut 21 balm trees worth about Rs.2,100/- and therefore, the appellant/plaintiff has filed the suit for the above said reliefs.