VIJAYARAJAN Vs. SATTAIYAPPAN

JUDGEMENT

(1.) Second Appeal is filed against the judgment and decree dated 10.11.2016 made in A.S.No.25 of 2015 on the file of the District and Sessions Court, Thiruvarur, confirming the judgment and decree dated 08.01.2015 made in O.S.No.86 of 2012 on the file of the Sub Court, Mannargudi.

(2.) The appellant/defendant who is unsuccessful in both the Courts below have come out with the present Second Appeal, challenging the findings of the Courts below. The respondent/plaintiff filed the suit O.S.No.86 of 2012 on the file of the Sub Court, Mannargudi against the appellant/defendant for permanent injunction restraining him from using water from common pond in the suit property.

(3.) The appellant filed written statement and denied all the averments made in the plaint. According to the appellant, the suit pond belongs exclusively to their family and they are using water to their land. The respondent was not cultivating the land for more than 50 years and the same is kept barren. Due to enmity, the respondent has filed the suit and prayed for dismissal of the same.