RAMACHANDRAN Vs. SANGAPPAT THEVAR

JUDGEMENT

(1.) The unsuccessful first defendant before the Court below is the appellant herein.

(2.) The plaintiff/first respondent in the appeal had filed O.S.No.213 of 1994 before the Principal District Munsif Court, Sankarankovil for the relief of declaration that he is entitled to 4/15th share in the suit Well. He further prayed for a decree of permanent injunction restraining the first defendant from in any way interfering with his possession of the suit schedule Well and for a mandatory injunction as against the authorities of the electricity department namely D2 to D4 to provide service connection to the suit Well. The suit was decreed as prayed for by the trial Court. The first defendant filed A.S.No.150 of 1998 before the Principal Subordinate Judge, Tenkasi. The learned Subordinate Judge partly allowed the appeal confirming the decree for declaration of 4/15th share and permanent injunction decree, but dismissed the suit with regard to the prayer for mandatory injunction. Aggrieved over the same, the present second appeal has been filed by the first defendant.

(3.) At the time of admission, the following substantial questions of law were framed: