MAHALAKSHMI AMMAL Vs. KANDASWAMY

JUDGEMENT

(1.) AGGRIEVED by the judgment and decree dated 4.8.1993 passed in A.S.No.17 and 18 of 1993 by the learned District Judge, Salem, confirming the judgment and decree passed in O.S.No.1566 of 1984 and 1402 of 1992 dated 27.4.1992 by the learned District Munsif Court Salem, the plaintiff in O.S.No.1402 of 1984 and defendant in O.S.No.1566 of 1984 has filed the above second appeals.

(2.) THE facts leading to the filing of these appeals are as follows: (a) Originally entire property belonged to the family of one Mannnar Achari and Chandriah Achari, who are brothers. After the death of Chandriah Achari, Mannar Achari and the widow of Chandriah Achari and her children entered into a partition deed on 19.5.1942, whereby the suit property was allotted to Chellammal and her sons.THE property referred in the rough plan as DGFH was allotted to Mannar Achari, which was purchased by the defendant. Chellammal and her sons sold the entire property ABCD together with the lane CEFG to the plaintiffs. THEreafter, the defendant demolished the old structure in DGFH and constructed a new house. When the defendant began to insert pipes in the GF wall, through which she wanted to drain the wastage water on to the lane CEFG.. THE defendant has absolutely no right in the lane CEFG. In the above circumstances, the plaintiffs as well as the defendant filed the above suits. (b) Denying the averments made in the plaints, the defendants have filed a written statement and prayed for dismissal of the suits.

(3.) THE learned Principal District Judge after elaborately discussing the facts and connected documents produced on either side accepted the case of the respondents in both the appeals and accordingly, the learned Judge disposed of the above said two appeals in favour of the respondents.