Judgement

CHINNAPPA REDDY, J.:- The defendant is the appellant in this appeal by special leave under Art. 136 of the Constitution. The respondent-plaintiff filed the suit out of which the appeal arises for a decree "(a) specifying and demarcating the property comprised in the plaint schedule as per the terms of the agreement dated June 25, 1960, referred to above, after taking a plan of the property; (b) for a perpetual injunction restraining the defendants and their people from trespassing upon the plaint schedule property and in any other manner interfering with the peaceful possession and enjoyment of the same" and other reliefs. The case of the plaintiff was that he had purchased the plaint schedule property of the extent of 1000 acres from Sha Manikalal Shivraj and Dr. C. C. John under a registered sale deed dated December 30, 1959 after obtaining the permission of the Collector of Kozhikode on January 8, 1958. After purchasing the property, he obtained permission to fell timber and clear an area of 500 acres. The first defendant who was part owner of the land forming the south-western boundary of the plaint property also obtained a permission to fell trees in an extent of 100