U SWAMY AIYAH Vs. VELU KONAR

JUDGEMENT

(1.) SECOND Appeal No. 837 of 1999 has been preferred by the sole plaintiff in O.S. No. 28 of 1985 on the file of the District Munsif Court, Sankarankovil being aggrieved by the Judgment and decree dated 30.7.1999 made in A.S. No. 46 of 1996 on the file of the Principal Sub Court, Tenkasi in confirming the judgment and decree of the learned District Munsif in O.S. No. 28 of 1985.

(2.) SECOND Appeal No. 838 of 1999 has been preferred by the sole plaintiff in O.S. No. 112 of 1985 on the file of the District Munsif Court, Sankarankovil being aggrieved by the Judgment and decree dated 30.7.1998 made in A.S. No. 45 of 1996 on the file of the Principal Sub Court, Tenkasi in confirming the judgment and decree dated 1.3.31996 made in O.S. No. 112 of 1985 on the file of the District Munsif Court, Sankarankovil.

(3.) THE plaintiff further put forward a case that the defendants cannot draw or take or carry water to their land except through customary Kamalai process and they cannot draw by mechanical or electrical motor pump set. Such motor pump set will affect and weaken the availability of water. Due to paucity of rain and failure of seasonal rain and changing monsoon besides drought that prevailed, the water in the well is progressively decreasing and threatens to fail unless carefully, reasonably and prudently maintained and taken whether it is a right or easement the defendants cannot increase the burden or secure any undue advantage or cause in the failure or sufficiency of water to the plaintiff who holds title and a major share in the well. If the defendants are allowed to instal a motor pump set it will definitely affect his legal right because by means of the electrical motor pump set all the water will be sucked in one day leaving the plaintiff who has got major share devoid of any water thereby his legal right will be in jeopardy. Further it is contrary to the usual practice of drawing water by Kamalai. THE supply of water in the well is not so copious and the installation of electric motor will naturally dwindle the quantity of water and thereby the plaintiff cannot get the quantity of usual quota of water. THE installation of electrical motor will also greatly affect the existing channel which is running in the part of land belonging to the plaintiff thereby his land also will be affected to a considerable extent.