ORDER :- This petition coming on for hearing on this day. the Court delivered the following Judgment:-

2. The defendant is the revision petitioner, The plaintiff-respondent filed a suit for recovery of W, 3,000/- by way of damages and for costs.

3. It is an admitted fact that the plaintiff-respondent and the defendant revision petitioner are the natives of Vazhapandal village. In the plaint. the plaintiff-respondent has averred that the defendant-revision petitioner herein has got two acres and 15 cents of land in the suit village. This has been admitted by the defendant-petitioner herein

in his evidence. The evidence of P. W. 2 that he is cultivating the land of the village Mumsif on waran basis and that has to cross the river channel to go that land and that the said river channel is south of the lands of the defendant-revision petitioner herein. The further evidence of P. W. 2 is that he used to go through the land of the defendant-revision petitioner to reach the river channel to divert the river channel water to his lands for irrigation at nights. The specific evidence of P. W. 1 (2?) is that on the day in question i. e. 11-4-1979 at 10. P. M. while he was going along th