THAMBURAJA Vs. KANAKASABAI PADAYACHI

JUDGEMENT

(1.) The above Second Appeal is directed against the decree and judgment dated 31.3.1989 rendered in A.S.No.115 of 1985 by the Court of Subordinate Judge, Cuddalore thereby confirming the judgment and decree dated 20.11.1984 rendered in O.S.No.1359 of 1980 by the Court of Principal District Munsif, Cuddalore, thereby dismissing the suit filed by the plaintiffs/appellants.

(2.) The appellants herein are the plaintiffs who lost their case before both the Courts below.

(3.) Tracing the history of the case what comes to be known is that the appellants herein have filed the suit in O.S.No.1359 of 1980 on the file the Court of Principal District Munsif, Cuddalore for declaration and mandatory injunction. The case of the plaintiffs is that the plaintiffs are the owners of Survey No.151/2 on the West in which the plaintiffs have installed an electric motor with service connection No.7; that on the East of Survey number there is a kuttai poramboke in S.No.148; that there is no water in the poramboke and it has been only a barren tract; that the plaintiffs have got lands on the East of the Kuttai; that about 25 years ago, the plaintiffs father formed a channel from the place of the electric motor through the kuttai for irrigating the land on the East; that this channel has been in existence for the past 20 years and more and no one has ever objected to it; that the plaintiffs have acquired an easementary right to take water.