1972 Supreme(Mad) 125
PALANISWAMY
Subbiah Goundan – Appellant
Versus
Ramaswamy Goundan – Respondent
Advocates:
N. Varadarajan, for Appellant; E. R. Krishnan, for Respondents.
JUDGMENT :- The plaintiff in O. S. No. 255 of 1966 on the file of the District Munsif, Coimbatore, who succeeded in the trial Court but failed in the lower appellate Court is the appellant in this second appeal. The first defendant is the father of defendants 2 and 3. They together own a half share in the land and well in S. No. 33 in Negamam village, whereas the other half share belongs to the plaintiff. Likewise, the defendants own a half share in S. Nos. 31 and 35 of the same village, whereas the other half share belongs to the plaintiff. It is the common case of the parties that the well in S. No. 33 is being enjoyed in common by turns, the plaintiff using the well continuously for the first six days and the defendants likewise using for a similar period subsequently to irrigate their respective shares in S. Nos. 31, 33 and 35. There is a common channel lying in the eastern extremity of S. No. 33. East of that channel, the position of which is indicated in the Commissioner's plan Ex. C-2, there is survey No. 24 in which the defendants are entitled to an extent of 10 cents. In that extent of 10 cents they have sunk a well in which they have installed an electric pump and pump se
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