N REDDAPPA REDDY Vs. CHANDRA

JUDGEMENT

(1.) These Second Appeals are filed against the judgments and decrees dated 22.09.2014 made in A.S.No.247 of 2013 and Cross-Objection No.418 of 2013 on the file of the IV Additional City Civil Court, Chennai, against the judgment and decree dated 05.01.2013 made in O.S.No.3736 of 2000 on the file of the VIII Assistant City Civil Court, Chennai.

(2.) The appellant in both the Second Appeals is plaintiff and respondents are defendants in O.S.No.3736 of 2000 on the file of the VIII Assistant City Civil Court, Chennai. The appellant filed the said suit for permanent injunction restraining the respondents from interfering with the appellant's property in putting up gate, compound wall, development of the plots, usage of plots in any manner the appellant wants for Plot Nos.21 and 22, II Street, Chookalingam Nagar Colony, Gopalapuram, Vellala Teynampet, Chennai 600 086; for a declaration to declare that Clause 3 of the Partition deed dated 29.10.1906 relating to drawing of water from the well in Plot No.22, Gopalapuram, Vellala Teynampet, Chennai 600 086 by using the irrigation method of Yetram, Kavalai, etc., to to do cultivation is not valid and cannot be enforced as it is hereby prohibited in the City of Chennai in view of the prohibition of cultivation in the City by Legislation and to struck off as per order dated 11.07.2005 passed in I.A.No.13508 of 2004.

(3.) The respondents filed separate written statements and denied all the averments made in the plaint. According to the respondents, they have a right to draw water and use surrounding area for drawing water as well as for maintenance purpose. There is no law prohibiting cultivation in Madras City. There are many wells in the Madras City and only to deprive the respondents and their joint property, the appellant came out with the allegation that well is health hazard.