JUDGMENT

This appeal is filed by the plaintiff in O.S. No: 263 of 1991 on the file of Prl. Sub Court, Kollam. Respondents 1 to 4 are the defendants 1 to 4 in that suit. That is a suit for damages.

The facts of the case is briefly as follows:

2. The plaintiff and the third defendant are allottees of adjacent plots in the Jayanthi colony allotted by the Mayyanadu Panchayath. The fourth defendant is residing in the third defendant's plot situated to the east of the plaintiff's plot. There is a coconut tree aged more than 50 years standing at the western portion of the plot occupied by the fourth defendant. It was standing dangerously above the plaintiff's house. Tender coconuts and fronds from this tree were falling on the plaintiff's house, breaking the tiles of the house and damaging the roof. Complaints were filed by the plaintiff to the second defendant on many occasions but no effective action was taken by him. On 30.10.1988, at about 3 a.m. a tender coconut fell on the house of the plaintiff which resulted in injury on his left leg, requiring medical treatment. On 31.10.1988, the plaintiff complained to the second defendant who passed a resolution for taking steps to prevent this