KRISHNAMANI Vs. CHAMIYAR, ((DIED))

JUDGEMENT

(1.) Defendants 1 to 4 in OS No.300/1986 on the files of the Sub Court, Palakkad and the appellants in AS No.152/1991 on the files of the District Court, Palakkad, are the appellants in this Second Appeal. The appellants challenge the judgment and decree dtd. 22/9/1998 in AS No.152/1991 and the judgment and decree dtd. 30/3/1991 in OS No.300/1986. In this judgment, parties are referred to as they are described in the OS, for clarity.

(2.) Plaintiffs (respondents 1 to 7) filed the suit for declaration that they are entitled to half of the water in the plaint schedule tanks and to restrain the defendants from objecting to take half of the water from the tanks and further from obstructing the Ramesam Pottakulam filling with water from Kunnamkattupathy through pipe 206 and to restrain the defendants from diverting the water to the Vathankulambu Nilam from pipe 206. The plaintiffs further sought for a decree to allow them to walk through the varamba of the defendants' field to draw half the water and catch fish.

(3.) In the plaint, the plaintiffs stated that there are three tanks which originally belonged to Ekkanathu Tharavadu and the water from the said tanks was utilised for irrigating the paddy fields in Kuttiyambak belonging to the aforesaid family. The fields at Kuttiyambak were taken on lease by Kunjan, father of plaintiffs 1 to 3. Water from the aforesaid tanks was utilised for irrigation. Ramesam Pottakulam used to be filled up with water from Cochin Sarkar through pipe 206.