M. Madhavan Nair, J.

1. The plaintiff, whose suit for an injunction has been dismissed by both the courts below, is the appellant. The plaintiff and his brothers Subramonia Vadhyar and Sundara Vadhyar entered into a partition evidenced by Ext. A dated 20-3-1926. In Ext. A the properties were divided and allotted in three schedules; Schedule A was allotted to the plaintiff, Schedule C to Sundara Vadhyar, and Schedule B, with the 'Eri' described in the schedule appended to the plaint and its adjoining lands, was allotted to Subramonia Vadhyar. 'Eri' is a low-lying land which may be used either as reservoir for storing water or as a field for cultivation of paddy as suits the landlord. It was provided in clause 11 of Ext. A that, since there is no reservoir in the properties allotted to the plaintiff, he will be entitled to take water to his fields from the Eris in the B and C schedules, as used to be done before, through the channel by the side of the Eris, and that, for the purpose of irrigating the fields in A, B and C schedules the Eri in C schedule should never be cultivated but always be stored with water and the Eri in B schedule should be stored with water in the second