R. PAPPAKANI Vs. PONNAIYA NADAR

JUDGEMENT

(1.) The defendants are the appellants herein.

(2.) The plaintiff filed O.S.No.253 of 1998 before the District Munsif Court, Sivagiri for declaration that the 3rd schedule channel is a common channel for the plaintiff and the defendants and prayed for consequential injunction restraining the defendants from interfering with the enjoyment of the said channel. The plaintiff further prayed for a mandatory injunction directing the defendants to restore the 3rd schedule channel to its original possession. The suit was dismissed by the trial Court. The plaintiff filed A.S.No.69 of 2002 before the Sub Court, Sankarankoil. The appeal was allowed granting a decree in favour of the plaintiff. As against the same, the present second appeal has been filed by the defendants.

(3.) The plaintiff has contended that the 1st schedule property is a common Well for the plaintiff and the defendants. According to the plaintiff, the 2nd schedule property belonging to the plaintiff is entitled to receive water from the 1st schedule common Well. The plaintiff further contended that 3rd and 4th items in the 2nd schedule property are located beyond the properties belonging to the defendants. Hence, there is a channel from the 1st schedule Well connecting 3rd and 4th items in the 2nd schedule property.