MADHAVAN PADMANABHAN OF KOCHUKARIYIL Vs. KANJIKUZHI PANCHAYAT

JUDGEMENT

(1.) This second appeal is filed by the plaintiff in a suit for injunction restraining the defendant from committing trespass in the suit property and from cutting and removing a mango tree by auctioning the same. The suit was dismissed by the Trial Court and the decree was confirmed in appeal by the 1st appellate court. In this second appeal, the following substantial question of law was framed at the time of admission.

(2.) According to the plaintiff, the plaint schedule property was obtained under Ext.A1 partition deed dated 3-1-1957. There is a mango tree aged about 80 years on the south western portion of this property. The plaintiff is in possession and enjoyment of the mango tree. Defendant is Kanjikuzhi Panchayat. The defendant published Ext.A2 notice proclaiming sale of the tree in auction on the ground that it is standing on the puramboke land. According to the plaintiff, the defendant has no right over the tree and even if there is any right, it is lost by adverse possession and limitation. The plaintiff therefore prayed for an injunction against the auctioning of the tree or cutting and removing the same at the instance of the defendant.

(3.) The defendant filed a written statement. According to the defendant the mango tree is standing in Sy.No. 114/9, which is a puramboke property. The defendant has got every right to sell the mango tree as it is situated in the puramboke land. The tree was taken on kuthakapattam by the plaintiff on 23-5-1962 and the period of arrangement expired. The puramboke vested in the Panchayat and along with the land the mango tree was also vested in the Panchayat.