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1981 Supreme(Ker) 196

G.BALAGANGADHARAN NAIR
NARAYANAN – Appellant
Versus
MATHAI – Respondent


Judgment :-

1. Respondent instituted a suit against the appellants (defendants 3 and 4) and two others for damages and injunction. The suit property which belongs to the plaintiff and is in his possession was bounded on the south by a village pathway. At the request of the defendants and other local people the plaintiff surrendered necessary land to expand the pathway into a 12 feet wide road. The road was constructed The plaintiff thereupon erected a fence on the north side of the new road for the protection of his property. The plaintiff states that with the idea of widening the road still further the defendants with certain others demolished the fence and cut down 4 coconut trees, 3 arecanut palms and 1 plantain from his property causing him a loss of Rs. 1500/-. This was on December 3,1972. The plaintiff thereupon brought the suit for a decree for damages in Rs. 1500/- and for a permanent injunction to restrain the defendants from trespassing or cutting any road or committing any waste upon the property or altering its boundaries.

2. The defendants disclaimed ail responsibility for the acts alleged in the plaint but stated that it was some other local people who widened the path
























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