AYITI PEDDA GANGARAM Vs. ADAMULA JANARDHANA REDDY

JUDGEMENT

(1.) The defendants preferred this appeal against the reversing judgment of the learned Additional District Judge. Karimnagar in A S No. 30/79.

(2.) The suit was filed by the respondents for a permanent injunction restraining the defendants from interfering with their possession and enjoyment pf a well situated in Survey No. 1176 of Jaggasagar village of Metapalli Taluk (Hereinafter referred to as the suit well). The plaintiffs claimed exclusive titled in the well and pleaded that they were exclusively using the water whereas the defendants were trying to interfere with the suit well. The defence set up by the defendants was that they have purchased the adjacent land from the agnates of the plaintiffs who are joint owners of the well; that it is a joint well and that as such they are entitled to use the well water.

(3.) The Trial Court held that the suit well is located in S No 1118 of Alwala Yellaiah but not in S No. 1176 as claimed by the plaintiffs and that the suit well was used jointly by the plaintiffs and the defendants. Therefore, the learned District Munsif dismissed the suit holding that it was not proved by the plaintiffs that the defendants have in any manner interfered with their possession or enjoyment of the suit well.