RAMASWAMY Vs. KANNAN @ ARUMUGHA GOUNDER

JUDGEMENT

(1.) This second appeal has been filed by the defendants 2 and 3 against the judgment and decree passed by the learned Subordinate Judge, Maduranthakam in A.S.No.88 of 1998 dated 28.09.1999 confirming the judgment and decree passed by the District Munsif, Maduranthakam in O.S.No.82 of 1992 dated 25.02.1998.

(2.) The first respondent herein has filed a suit in O.S.No.82 of 1992 on the file of the District Munsif, Maduranthakam, to declare his easementary right of taking water from Mathur Periya Eri (Lake) through the channel running through 'B' schedule properties to his 'A' schedule properties and for permanent injunction to restrain the defendants, their men, etc., from in any way interfering with his right of taking water through the aforesaid channel to his 'A' schedule properties. The learned District Munsif, Maduranthakam by the judgment dated 25.02.1998 has decreed the suit as prayed for. Feeling aggrieved, the defendants 2 and 3 have filed an appeal in A.S.No.88 of 1998 on the file of the Subordinate Judge, Maduranthakam.The learned Subordinate Judge, Maduranthakam by the judgment dated 28.09.1999 has dismissed the said appeal, confirming the judgment and decree passed by the Trial Court. Aggrieved by the same, the defendants 2 and 3 have preferred the present second appeal.

(3.) For the sake of convenience, the parties are referred to as described before the Trial Court.