MURUGANANDHAM Vs. SHAINSHA

JUDGEMENT

(1.) The defeated defendant is the appellant herein.

(2.) The respondent herein filed a suit in O.S.No.225/1996 before the Principal District Munsif Court at Ariyalur for mandatory injunction directing the appellant/defendant to remove the P.V.C pipeline in the suit property situated in Ariyalur Taluk, Thirumanur Village, Nanjai S.F.No.41/3B1, 3B2, 3-B3 and further it is contended that after the appellant/defendant purchased an extent of 10 cents in S.F.No.41/3-A2, he had dug up a bore-well to take the water to 22 acres of land belongs to him on the North-Eastern side and he has put up the pipe line beneath the land of the plaintiff without permission and hence, he filed the suit.

(3.) The appellant/defendant filed written statement inter-alia contending that the he had purchased a portion in S.F.41/3-A2 and erected a bore-well and from that bore-well, he is attempting to take the water towards the North-East and that he is attempting to lay the pipe line underneath the plaintiff's lands.