J U D G M E N T

The first respondent is the plaintiff, the appellants and the second respondents are the defendants. The plaintiff has filed a suit for declaration, permanent injunction and for compensation of Rs.15,000/-.

2. The case of the plaintiff is that the suit property absolutely belongs to the plaintiff as ancestral property. The plaintiff is residing in the suit property. The suit property was originally bound with thorny fence. Thereafter, the plaintiff removed such fence two months ago and constructed a compound wall. Therefore, the suit property is in possession and enjoyment of the plaintiff. However, the first defendant, without any reasons, on 30.08.2002 demolished a portion of the above said compound wall worth about Rs.5,000/-.

3. The plaintiff has issued a notice, dated 03.09.2022 to the first defendant demanding a sum Rs.5,000/- as damages. After receiving the notice, the first defendant has not issued any reply notice. Further, the defendants 2 & 3 at the instigation of the first defendant made an arrangements to remove the remaining compound wall. Hence, the plaintiff had sent the notice, dated 23.09.2002 to the defendants 2 & 3 by raising objections for the same