VELAYUDHAN PILLAI Vs. ASIRVADOM NADAR

JUDGEMENT

(1.) THE rights claimed in this second appeal are a right of way and a right of drainage. Prayers (a) and (b) of the plaint deal with those rights and are worded as follows:

(2.) BOTH the rights have been concurrently negatived by the courts below and as far as the right of way is concerned I see no reason to disturb the decision.

(3.) "the natural right of drainage to discharge surface water possessed by the upper heritor cannot be limited merely to the natural regulation of the water, according to the law of gravitation, which allows it to find its way down to the lower tenements in changing channels or promiscuous spills. It includes a right to collect in a body all the natural surface water which may be found on a tenement, and to discharge it down, without causing more injury than it would have caused by its natural unregulated flow. The lower owner has no cause for complaint if he receives without additional injury the upper water in a body instead of receiving it in its diffused natural state. " Goshi , Easements and Licenses, page 346 ).