( 1 ) THIS second appeal has been preferred by defendant No. 1 arising out of the suit filed by respondent-plaintiff for declaration of title and possession in respect of suit lands as also damages for the cutting of the Tamarind tree by defendant No. 1. The trial Court as well as the appellate Court have concurrently found in favour of the plaintiff and decreed the suit. Aggrieved by the judgment and decree passed by the appellate Court, namely, the Court of Principal Civil Judge, Kolar, dated 7-1-1980 in Regular Appeal No. 23/ 1978, this appeal has been preferred.

( 2 ) THE facts of the case may be briefly noticed : the plaintiff was admittedly the mother-in-law of defendant No. 2. Defendant No. 1 is a purchaser from defendant No. 2 of the suit lands. The case of the plaintiff is that her husband was an Engine Driver and she used to reside with him. By a registered sale deed, dated 29/03/1936, the plaintiff acquired title to the suit lands in consideration of her mehr dues. She was in peaceful possession and enjoyment of the same. Her son was also employed, and therefore for the management of the said property, she entrusted the same to defendant No. 2, who was the husband of her

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