Both these appeals arise from the same judgment. S.A.No.503 of 1984 is filed by defendants 1 and 2 in O.S.No.681 of 1979 of the Munsiff s Court, Kottayam. The 3rd defendant in that suit is the appellant in S.A.No. 447 of 1984.

2. The plaintiff filed the suit for damages. The plaintiffs are the owners of 29.75 cents of property comprised in Sy.No.546/8 of Manarcadu village. This property is on the southern side of Oravackal-Kooropada road. The plaintiffs surrendered a portion of their property for widening the northern road. The property given by them was separately demarcated and survey stones were laid by the P.W.Department. The plaintiffs thereafter constructed a compound wall made of granite on the northern side of their property. The 1st defendant State started constructing a drain on the southern side of the road just abutting the property of the plaintiffs. The plaintiffs' case is that for the purpose of the drainage the workers of the 3rd defendant contractor excavated and removed earth from the land immediately adjacent to the plaintiffs' property on its north without leaving such a slope as would form an angle of repose adequate for the plaintiffs' land and cons