LAWRANCE Vs. ANUSHAMMAL

JUDGEMENT

(1.) Challenging the judgment and decree passed in A.S.No.39 of 2001, on the file of the Subordinate Court, Padmanabhapuram, modifying the judgment and decree passed in O.S.No.784 of 1993, on the file of the Additional District Munsif Court, Padmanabhapuram, the defendants 2 and 5 have filed the above Second Appeal.

(2.) The plaintiff filed the suit in O.S.No.784 of 1993 for permanent injunction, mandatory injunction and for damages of Rs.12,750/-. The suit was contested by the defendants and the trial Court by its judgment and decree dated 29.07.1999 decreed the suit in respect of the permanent injunction and mandatory injunction and dismissed the suit for damages. Aggrieved over the judgment and decree of the trial Court, the plaintiff preferred an appeal in A.S.No.39 of 2001, challenging the dismissal of the suit with regard to the claim of damages of Rs.12,750/-.

(3.) It is pertinent to note that the defendants have not challenged the decree passed by the trial Court with regard to the permanent injunction and mandatory injunction. Hence, the same has become final. So far as the payment of compensation of Rs.12,750/- is concerned, the plaintiff averred that the defendants 2 and 5 demolished the compound wall and therefore, they are liable to pay the sum of Rs.12,750/- as damages. Exs.A.6 and A.7 would also establish that a complaint was lodged with the police against the defendants 2 and 5 with regard to the demolition of compound wall. Since the plaintiff had established that the defendants 2 and 5 have demolished the compound wall, the lower Appellate Court rightly came to the conclusion that the defendants 2 and 5 are liable to pay a sum of Rs.12,750/- together with interest at the rate of 12% p.a. as damages to the plaintiff.