SOORIYAN MUTHIRIAN Vs. NATESAM PILLAI ALIAS MARUDAI PILLAI

JUDGEMENT

(1.) THE defendant s case is that this suit is not maintainable on the Small Cause side. THE suit is on a contract between the plaintiff and the defendant ant. THE defendant agreed to allow the plaintiff to drain the water from his field into defendant s land, and received Rs. 3 as consideration for the permission and the defendant broke the contract and refused to allow the water of the plaintiff to be taken into defendant s lands. Article 35 (i) has no application to such a case. This is not a case of easement nor is it a case of diverting the water-course. It is a pure case of contract which has been broken by the, action of the defendant and he is bound to pay damages. THE petitioner s Vakil does not question the quantum of damages awarded in this case. I dismiss the petition with costs.