VARKEY Vs. DEVASSY

JUDGEMENT

(1.) The appeal filed by the plaintiff is against the decree of the Courts below dismissing the suit for permanent injunction to restrain the defendants from letting out water through the plaintiff's properties.

(2.) Ext. C1 is the report and the plan filed by the Commissioner. Plaint A schedule item belongs to the plaintiff and he is in possession. Though plaintiff is the owner of the B schedule, he had leased it to the 1st defendant's father, after whose death the lease hold right devolved on the 1st defendant, The 1st defendant assigned his rights to the second defendant who is now in possession of the B schedule item. The C schedule property is in possession of the 1st defendant having obtained the same on lease from the 3rd defendant who is the owner. The case of the plaintiff is that water from the C schedule is let into the B schedule and from there to A schedule thus causing damage to A. and B schedule items and it is therefore necessary to prevent the defendants from committing such damage.

(3.) The suit was dismissed by the Courts below. I am satisfied that the disposal of the suit by the appellate Court is not satisfactory and a fresh disposal is necessary.