CHANDRAKANTHARAJ, J.

( 1 ) THIS is a defendant's appeal against the concurrent findings of the Courts below.

( 2 ) THE plaintiff brought the suit in the Court of the Munsiff, Khanapur inter alia seeking a declaration that a well situated in the suit schedule property is his absolute property and the claim of the respondents to 2/3 of water in the said well under an instrument created by one Anasuya anant Diggikar and eight others in favour of defendant No. 1-Mrs. Iyra was not binding on the plaintiff.

( 3 ) THE defendants resisted the suit, based on the title they had acquired by a certain instrument executed by their predecessor-in-title to the property. In fact it is seen from the order of the trial Court that those facts i. e. the plaintiff and defendants had derived their title as successive inheritors of the right, title and interest of the predecessors-in-title who had apportioned the properties between themselves, were not disputed. Therefore, the plaintiff could not lay claim to more than 1/3 share to the water in the well by virtue of the transactions of the predecessors-in-title. In fact, during the course of the trial it was conceded by the plaintiff that he was only a j

Click Here to Read the rest of this document