MANICKAVASAGAM Vs. T P PONNUSAMY

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is preferred against the Judgment and Decree dated 11. 7. 2000 made in A. S. No. 36 of 2000 on the file of the Principal District Judge, Erode, modifying the Judgment and Decree dated 27. 12. 1999 made in O. S. No. 191 of 1998 on the file of the District Munsif Court-cum-Judicial Magistrate, Perundurai.

(2.) THE Plaintiff/first respondent herein filed the suit in O. S. No. 191 of 1998 seeking declaration and permanent injunction contending that he is the absolute owner of the suit 'a' Schedule property by virtue of settlement deed dated 28. 6. 1994, and the right to take water through 'b' Schedule property for irrigation. The appellants/defendants 2 to 4 denied the genuineness of the title deed contending that they are the absolute owners of the property in R. S. No. 1013/4 and they are having share in 'b' Schedule property and for the past over 50 years their ancestors have been using the suit 'b' schedule property to irrigate their lands.

(3.) THE Trial court, after considering the oral and documentary evidence rendered a finding against the plaintiff/first respondent herein and dismissed the suit on 27. 12. 1999, against which the Plaintiff/first respondent herein filed A. S. No. 36 of 2000 before the Principal District Judge, Erode. The appellate Court remanded the suit back to the Trial Court for giving a finding with regard to Ex. A-3 and A-4.