K ANANTHA BHAT Vs. K M GANAPATHY BHATTA

JUDGEMENT

(1.) The Ist defendant in O. S. No. 25 of 1969 on the file of the Munsiff's Court, Kasaragod is the appellant in Second Appeal No. 1013 of 1976 and the plaintiff in O. S. No. 161 of 1968, of the same Court is the appellant in S. A. No. 1015 of 1976. O. S. No. 161 of 1968 is for a permanent injunction to restrain the defendants from diverting the water of a natural stream into a well belonging to the 3rd defendant.

(2.) The defence to the suit is one of denial of the plaintiff's right to the use of the water in the natural stream. The defendants also deny that they are diverting water from the natural stream into a well or tank in S. Y. No. 557/4.

(3.) O. S. No. 25 of 1969, is by the 3rd defendant in O. S. No. 161 of 1968 and his son. They are the owners of the property in R. S. No. 557/1 and R. S. No. 557/4. The natural stream enters R. S. 557/1 from the south and flows further north. It touches R. S. 557/4 belonging to the 1st plaintiff at the northwest portion of the property.