BALAKRISHNAN Vs. K.N. VENKATACHALAM

JUDGEMENT

(1.) Impugning the judgment and decree dated 21.09.2010 made in A.S.No.49 of 2010 on the file of the Principal Sub Court, Erode, reversing the judgment and decree dated 26.02.2010 made in O.S.No.391 of 2008 on the file of the Principal District Munsif Court, Erode, the defendants have preferred this second appeal.

(2.) The suit has been laid for permanent injunction.

(3.) The averments contained in the plaint, in brief, are as follows: The suit property has been obtained by the plaintiff under the partition deed dated 15.10.1990 effected between the plaintiff and his father's brothers and the suit property is an agricultural land. The defendants are running automatic power loom factory in the name of R.B. International Private Ltd., to the West of the suit property. The defendants have put up quarters in their land for stay of the employees of their power loom factory and there is no connection whatsoever between the suit property and the property, where, the defendants are running the power loom factory. While so, the defendants, without any authority and unlawfully, had taken steps to drain sewage water coming out of the quarters put up for the stay of their employees of the Power Loom Factory from 22.06.2008 onwards. Accordingly, they are, in particular, draining sewage water through the North-East portion of the compound wall in their property and the plaintiff objected to the same and also, tried to mediate with the elders of the Village and requested the defendants to drain the sewage water through the North-South road situated on the western side of their property. On the other hand, the defendants, on account of their influence, without making any effort to drain sewage water coming out of the quarters put up for their employees in their factory through the North-South road running on the Western side of their property are determined in draining sewage water into the plaintiff's property, so as to cause irreparable loss and hardship to the plaintiff. The defendants attempted to purchase the property of the plaintiff, but, as the plaintiff refused to accede to their request, with an ulterior motive, they are taking steps to drain the sewage water into the plaintiff's property. Hence, the suit has been laid.