Varadachariar, J.

1. This is an appeal by the plaintiff in which though the pecuniary interests directly involved are small, some interesting questions arise for decision. There is a puntha or public pathway (marked S. No. 260) in Surya Rowpetta, a part of the plaintiffs Zamindari. The defendant is the Municipal Council of Cocanada, in whom this puntha is now vested. Up to 1919 it would appear to have vested in the Taluk Board of Cocanada by whom it was transferred to the defendant municipality, in 1919 or 1920. The point for decision is, what are the rights of the plaintiff and the defendant in respect of the palmyra trees growing on this bit of land. Neither the plaint nor the written statement suggests that these trees were planted by the plaintiff or the defendant or the Taluk Board. P.W. 3 says : "I do not know who planted them". Presumably they were spontaneous growths and I deal with the matter on this assumption.

2. One contention on behalf of the plaintiff and one on behalf of the defendant may easily be put aside. The plaintiff claimed that the written statement admitted his original title to the land. I agree with the Courts below that this is not a reasonable cons