PONNUSAMI CHETTIAR Vs. PALANISAMI GOUNDER

JUDGEMENT

(1.) THE appellant who is the defendant in the suit preferred this Second Appeal against the decree and judgment dated 18.01.1999 made on the file of the Subordinate Court at Bhavani, Erode District in A.S.No.36 of 1998 wherein confirmed the decree and judgment dated 18.06.1997 made in O.S.No.338 of 1994 on the file of the Additional District Munsif Court, Bhavani.

(2.) FOR the sake of convenience the plaintiff in the original suit is referred as respondent and the defendant in the original suit is referred as appellant hereafter.

(3.) THE appellant / defendant filed a written statement in which it is stated that no such Lower Bhavani Project Channel course available as shown as " X " " Y " in the respondent's rough plan. The respondent has provided facility to drain the water in his own land. Further the respondent has no necessity to take the water through the above said Lower Bhavani Project Channel and therefore, the respondent has no right in the above said Lower Bhavani Project Channel. Further, the suit for permanent injunction without declaration is not at all maintainable. It is further stated in the written statement that the relief granted in O.S.No.1366 of 1967 is different from the relief sought for in this suit and therefore, the respondent is not entitled to relief sought for in the plaint.