(Revision Petition filed against the order dated 10.11.2004, passed in C.M.A.No.5/2004, on the file of the Sub-Judge, The Nilgiris at Uthagamandalam reversing the order in I.A.No.265/2003 in O.S.No.80/2002 dated 12.7.2004, on the file of the District Munsif, Uthagamandalam.)

This Revision Petition has been filed against the order dated 10.11.2004, passed in C.M.A.No.5/2004, on the file of the Sub-Judge, The Nilgiris at Uthagamandalam reversing the order in I.A.No.265/2003 in O.S.No.80/2002 dated 12.7.2004, on the file of the District Munsif, Uthagamandalam.

2. The 2nd plaintiff in O.S.No.80/2002 is the revision petitioner.

3. The revision petitioner and another filed O.S.No.80/2002 for a permanent injunction restraining the defendants, the respondents herein from interfering in their peaceful possession and putting up any construction in the suit schedule property which is 1.5 acres of agricultural lands in patta No.67.

4. During trial, P.W.1 in his cross-examination stated that he did not know in which survey Number a Well has been put up and he has also stated that there is no Well in existence in the lands owned by him or abutting his lands. At that time, the respondents