SHANKARAIAH AND ANOTHER Vs. SMT. SAVITHRAMMA AND OTHERS

JUDGEMENT

(1.) THIS is a Plaintiffs second appeal.

(2.) PLAINTIFF filed the suit OS 421 of 1997 against the Respondent/Defendant for a decree of permanent injunction by restraining the Defendant from wrongfully using the water flowing in the channel towards southwest of his lands.

(3.) THE suit was contested. Defendant contended that like the Plaintiff he was also drawing water for irrigating purpose from time immemorial. The channel is situated in a Government land and the water flowing in it is a from a natural source, Plaintiff cannot prevent the Defendant from using the water which does not belong to him.