AMARAVATHI THEVAR Vs. BALAKRISHNAN

JUDGEMENT

(1.) THIS second appeal is focussed as against the judgment and decree dated 24. 06. 1998 passed in A. S. No. 183 of 1996 by the learned Principal District judge, Ramanathapuram, in reversing the judgment and decree dated 31. 10. 1995 passed in O. S. No. 96 of 1994 by the learned Sub Judge, Ramanathapuram.

(2.) THE parties, for convenience sake, are referred to hereunder according to their litigative status before the trial Court.

(3.) BROADLY, but briefly, succinctly but narratively, the case of the plaintiff as stood exposited from the plaint and the relevant records could be portrayed thus: the plaintiff approached the second defendant and got permission to cut karuvela trees standing on the land in S. No. 82/1 in Ariyakudi village. The first defendant being the agent of the second defendant received a sum of rs. 13,000/- (Rupees Thirteen Thousand only) from the plaintiff in that regard. When the plaintiff went to the land in S. No. 82/1 so as to cut the Karuvela trees, P. W. 2, Ramu objected on the ground that there was litigation pending and that no Karuvela trees should be cut by any one. Whereupon, the plaintiff demanded back the money from the defendants 1 and 2, however they had a volte face and refused to pay back the money.