S GNANASUNDARAM Vs. S VISWANATHA IYER

JUDGEMENT

(1.) THE defendant in O.S.No.79 of 1985 on the file of the District Munsif Court, Nannilam, who had succeeded before the trial court and lost before the first appellate court is the appellant in this second appeal. For convenience, the parties to this appeal will be referred as arrayed before the trial court.

(2.) HEARD. Mr.B.Ramamoorthy, learned counsel appearing for the appellant and Mr.R.Srinivasan, appearing for the respondent.

(3.) THE plaintiff further pleaded that he has got a borewell in his adjacent land which is 100 yards away from the suit land and if the defendant draws water from the borewell, it will result in depletion of water in his borewell. It is further contended that the defendant has no right to sink a borewell or install a motor and to tap underground water as the land is receiving mamool supply from the river Cauvery. Hence, the present suit has been filed seeking the relief of mandatory injunction to remove the borewell and to restore the land to the original position.