CHINNAYAN Vs. PALANIVEL

JUDGEMENT

(1.) The defendant is the appellant herein. The plaintiffs filed the suit for the relief of permanent injunction for restraining the defendant from taking water from the suit well in Survey No. 124/1 K2, to other lands except ayyacut lands in Survey No. 124/1 K1. According to the plaintiffs, they have admittedly equal share in the common well located in Survey No. 124/1 K2 and the defendant, who is entitled to half share in the same well, is entitled to take water only to 79 cents attached to the same Survey No. 124/1 K1 and not to any other land in any other survey number individually owned by him and any attempt on his part to take water from the well to irrigate the other lands is likely to seriously prejudice the plaintiffs' right in the suit well.

(2.) The suit relief is resisted by the defendant on the ground that the well is no longer undivided and the well is divided into northern and southern portion by a wall and both the plaintiffs and defendant are in possession and enjoyment of northern and southern portion of the well respectively and they have been taking water by separately installing oil engine motor pumpsets and obtaining service connections and the parties have been to the knowledge of each other taking water to the lands owned by them in different survey numbers openly, continuously and uninterruptedly and the defendant's predecessor in title and thereafter the defendant are also by doing so perfected title by adverse possession.

(3.) The plaintiffs and defendant have in support of their respective contentions examined the first plaintiff and defendant as PW1 and DW1 and the plaintiffs have produced Exs.A1 to A5 on their side. But, no document is filed on the side of the defendant. Exs.C1 & C2 are the Advocate Commissioner's report and plan received in this case.