LAWS(MAD)-2009-7-803

RATHINAM Vs. POONGAVANAM

Decided On July 09, 2009
RATHINAM Appellant
V/S
POONGAVANAM Respondents

JUDGEMENT

(1.) THE second appeal has been preferred against the judgment and decree dated 21.07.2003 made in A.S. No. 2 of 2003 passed by the learned Subordinate Judge, Srivilliputhur, reversing the judgment and decree dated 04.10.2002 made in O.S. No. 119 of 2000 passed by the learned Principal District Munsif, Srivilliputhur.

(2.) THE averments in the plaint is as follows:

(3.) THE learned Principal District Munsif, Srivilliputhur after considering the averments in the plaint and written statement, framed four issues and considering the oral evidence of P.W.1 and 2, D.Ws1 and 2 and Exs.A1 to A6, Ex.B1, decreed the suit declaring that the first item of suit property is a common well for both plaintiff and defendant and granting permanent injunction restraining the defendant from irrigating water from the first item of suit property to the fourth item of suit property. Against the said judgment and decree, the defendant has preferred an appeal before the learned Subordinate Judge, Srivilliputhur. The learned First Appellate Judge, after considering the arguments of both sides and after framing proper points for consideration, allowed the appeal and set aside the decree and judgment of the trial Court and dismissed the suit. Against that the plaintiff has come forward with this appeal.