Dr. G. Jayachandran, J. - (1.)This Second Appeal is preferred by the plaintiff aggrieved by the Judgment and Decree of the First Appellate Court which has partly modified the trial Court judgment.
(2.)The brief facts of the case is as under:
(3.)The plaintiff is the owner of the property bearing Survey No.56/1, and the defendants are the land owners of the land located on the Northern side of the plaintiff land. The defendants land is 6 feet lower to that of the plaintiff's land. While so, the plaintiff who are irrigating their land through lower Bhavani Irrigation Project have the right to drain the excess water through the defendants land. It is essential as well as by custom and natural justice, the plaintiff right to let out the excess water into the defendants land as easement of necessity. While so, animosity arose when the plaintiff refused to sale his land to the defendants. So the defendants to cause inconvenience, denied the plaintiff's right to drain excess water into their property. Hence the suit for declaration and Permanent Injunction to the effect that the plaintiff has a right of easement to drain the excess water to the defendants property and restraining them from interfering the said right.