Suntharam Et Al V. Sinnatamby Et Al

1935   Present  :  Dalton S.P.J. and Koch J.

SUNTHARAM et al. v. SINNATAMBY et al.

151-C. R. Mallakam, 8,745.

Overhanging trees-Landowner's right to cut branches-Law in Jaffna- Cultivated fruit trees-Thesawalamai.

Under the Thesawalamai a landowner is not entitled to have the overhanging braches of a cultivated fruit tree growing on an adjoining land cut off.

CASE referred by Akbar J. to a Bench of two Judges.

Plaintiff and defendant are owners of adjoining lands in Jaffna. Branches of some jak trees in defendant's land overhang the plaintiff's land and render plaintiff's land unfit for tobacco plantations.

Plaintiff brought this action to have it declared that the overhanging branches should be cut off.

The learned Commissioner held that the case was covered by the decision Kandasamy v. Mailvaganam[1 3 Bal. Reports 64.]and dismissed the plaintiff's action.

S. J. V. Chelvanayagam, for plaintiffs, appellants.-The case of Kandasamy v. Mailvaganam (supra) has been wrongly decided-That decision is based on paragraph 3 of section III. of the Thesawalamai. Paragraph 3 of section III. speaks of the rights of ownership in overha

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