OTHAYOTH MAMMU HAJI Vs. THEKKAYIL ASHARAF

JUDGEMENT

(1.) The defendants in O.S.No.183/2004 on the file of the Munsiff's Court, Nadapuram are the appellants. The plaintiff is the respondent.

(2.) The plaintiff and defendants are adjacent property owners on the two sides of a water channel. The property of the plaintiff lies on the north of the stream, and the properties of the defendants lie on the south of the water channel.

(3.) The plaintiff's case is that the defendants constructed a bund across the water channel in such a way as to stagnate water, causing the same to flow to the plaintiff's property, leading to waterlogging and damage to the improvements made in the property.