SAMIAPPA GOUNDER Vs. SUBBANNA GOUNDER

JUDGEMENT

(1.) The appellants are the plaintiffs in the suit. Aggrieved by the concurrent finding of the Courts below, the present Second Appeal is filed.

(2.) Brief facts, pleaded in the plaint, are as under : The plaintiffs are the owners of the land bearing S. Nos. 771, 771/1, 772, 772/2 at Vadagarathur Melmugam Village, Namakkal District. The lands are wet lands irrigated through Well water. On the south of their lands, a canal running from East-West carries excess water through various lands to Rajavaikal. According to the plaintiffs, the excess water gathered from various lands passes through the branch of river Kaveri locally called as "Vadikal Kavuru" marked as "AB" in the plaint sketch. The plaintiffs are draining their excess water through this "Vadikal Kavuru" for more than 60 years. Their right has been open and continuous for years together thus, their right of easement by prescription and natural right to drain excess water AB "Vadikal Kavuru" is vested to them.

(3.) While so, the defendants who are the adjacent land owners on the Southern side, due to some personal grievance arose in the temple festival between them and the plaintiffs, have blocked the water drainage at point "X" marked in the plaint schedule. Therefore, the plaintiffs' land was flooded with water and the standing crops were damaged on 29.04.1986. Therefore, the present suit is filed for declaration that the plaintiffs' right to drain excess water through point 'X' to canal 'AB' and permanent injunction restraining the defendants from interfering the peaceful possession and enjoyment of draining water through the canal.