KARUPPIAH AMBALAM AND ORS Vs. RUKMANI AND ORS

JUDGEMENT

(1.) The above Second Appeal arises against the Judgment and Decree passed in A.S. No. 37 of 2008 on the file of the Sub Court, Pudukkottai, reversing the Judgment and Decree passed in O.S. No. 185 of 1997 on the file of the District Munsif Court, Aranthangi.

(2.) The appellants are the plaintiffs and the respondents were the defendants in the suit. The plaintiffs filed the suit in O.S. No. 185 of 1997 to declare that the suit property is part of the Tank "Vattakulam" in Survey No. 204/1 for irrigation source and consequently restrain the defendants 2 and 3 from cultivating the suit property or to put it for any other purpose so as to infringe the plaintiffs' right to use the irrigation source. The defendants filed their written statement and contested the suit.

(3.) Before the trial Court on the side of the plaintiffs, P.W.1 was examined and 15 documents Exs. A.1 to A.15 were marked. On the side of the defendants, two witnesses were examined and six documents Exs. B.1 to B.6 were marked and the Advocate Commissioner's Report and Plan were marked as Exs. C.1 and C.2.