BHARGAVI AMMA Vs. ARBAHAM

JUDGEMENT

(1.) THE 1st defendant in OS No. 675/1997 tried by the II Additional Munsiff's Court, Thrissur, is in appeal.

(2.) THE plaintiff filed the suit alleging that he is the owner of the well situated on the western side of his property and the defendants have demolished the wall around the well on 20.03.1997 and they are attempting to fill up the well and to construct a building at that place. Therefore, the plaintiff prayed for a decree of permanent prohibitory injunction restraining the defendants from filling up or covering the well in any manner and also from contaminating the well water and from doing anything, which would reduce the utility of the well. He also prayed for a mandatory injunction against the defendants to restore the well to its original position.

(3.) THE trial court, after raising proper issues for trial, permitted both sides to adduce evidence. At the trial, P.W. 1 & D.W. 1 were examined. Exts. A1 to A6, Exts. B1 & B2 and Exts. C1 series & C2 were marked.