LAXMI Vs. AMBU ALIAS AMBI

JUDGEMENT

(1.) THIS is plaintiff's second appeal challenging the judgement and decrees of the courts below whereby her suit for permanent injunction restraining the defendant/respondents from collecting the offerings by acting as enunch and from making interference in her functioning as enunch in any manner, was dismissed.

(2.) THE case of the appellant is that she was an enunch and was making her livelihood by collecting offerings. Defendants were having their families and had no concern whatsoever with the enunch community. Defendants were bent upon collecting the offerings from the area of the plaintiff without any right or authority and therefore they were liable to be restrained from doing so.

(3.) ON appreciation of evidence both the courts below recorded a finding of fact that plaintiff was not an enunch as she had not produced any evidence to prove that she was an enunch. Appellant, even failed to get herself examined from the Medical Board in the Government Hospital despite an order by the court in this regard and adverse inference was drawn against her and thus appellant was not held entitled to the relief claimed by the courts below.