LAWS(MAD)-2009-6-308

SANKAR Vs. JAINAB BI

Decided On June 25, 2009
SANKAR Appellant
V/S
JAINAB BI Respondents

JUDGEMENT

(1.) SECOND APPEAL filed under Section 100 of the Code of Civil Procedure judgment and decree dated 29.11.1999 made in A.S.No.1 of 1998 on the file of the Subordinate Judge, Kallakurichi reversing the judgment and decree dated 26.11.1907 in O.S.No,253 of 1993 on the file of the Court of Principal District Munsif, Kallakurichi. The above Second Appeal arises against the judgment and decree in A.S.No.1 of 1998 on the file of Sub Court, Kallakurichi reversing the Judgment and Decree in O.S.No,253 of 1993 on the file of Principal District Munsif, Kallakurichi.

(2.) THE plaintiff in the suit is the appellant in the above second appeal. THE respondents are the defendants in the suit.

(3.) THE brief case of the defendants is as follows: THE first defendant in her written statement filed at the first instance contended that there is no well in S.No,40/7. According to the first defendant, she had spent Rs.15,000/- for digging a well in S.No,40/5 and that she is entitled to take water from the well, according to her will and wish. THE said written statement was filed on 19.4.1993. Subsequently, the first defendant filed an additional written statement dated 10.4.1996. In the said additional written statement, the first defendant stated that even if the suit well is in S.No,40/5 or 40/7, the lands and the well belong to her. According to the first defendant, she purchased an extent of 0.04- cents out of 0.09 cents in S.No,40/7 under a registered sale deed dated 30.4.1983 from the vendor Kaniyan Chetti. On the north of the suit land, the second defendant purchased 2.1/4 cents under a sale deed dated 7.1.1986. According to the first defendant, on the north of the said land is plaintiff's land measuring 2.1/4 cents.