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1965 Supreme(Ker) 330

S.VELU PILLAI, T.S.KRISHNAMOORTHY IYER
NAIR SERVICE SOCIETY – Appellant
Versus
R. M. PALAT ALIAS K. P. RAVUNNI MENON – Respondent


Judgment :-

1. The second defendant is the appellant. The appeal arises out of a suit filed by the respondent for specific performance of the contract contained in the compromise petition Ext. A1or Ext. B2 dated 19-11-1953 and for recovery of Rs. 1,500/- as damages for the removal of some trees from the property by the appellant.

2. The facts relevant to this appeal are stated below. Ext. Bldated 4-12-1943 is a permanent lease executed by the respondent and others in favour of the appellant for 1000 acres of land. The respondent filed O. S. No. 398 of 1952 on the file of the Munsiff's Court, Walluvanad, against the appellant for an order of injunction to restrain the appellant from entering into the property scheduled in that case on the ground that the appellant violated the terms of Ext. Bland was trying to trespass into the properties which lie adjacent to those included in Ext. Bl. The parties to the suit filed Ext. A1or B2 compromise petition in pursuance of which the suit was dismissed. Ext. A2 is the plan appended to Ext. Aldemarcating the property included in Ext. B1. In the compromise petition it was agreed that the trees in the property delineated in Ext. A2 should be valu






















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