RUKAMANI AMMAL Vs. LINGAN

JUDGEMENT

(1.) The plaintiffs in the suit in O.S.No.924 of 2004 on the file of the learned Additional District Munsif, Srivilliputhur are the appellants in this appeal. However, the first appellant is the mother of the second appellant and the wife of Late Sundararaj. Since the second appellant / second plaintiff died, this appeal is instituted by the first appellant alone.

(2.) The appellants filed the suit for permanent injunction restraining the defendants from interfering with the plaintiffs' exclusive right over the suit property and to irrigate their lands. The suit property has been described as the electric motor and pump set used for drawing water from the common Well situated on the western side of the land, which was allotted to the elder son Sundararaj, out of the extent of 2 acre 78 cents in Survey No.412/1 in Vatrayiruppu village along with the electricity service connection in Service Connection No.89.

(3.) The case of the appellants as set out in the plaint in O.S.No.924 of 2004 is as follows: