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1964 Supreme(Mad) 309

NATESAN
Pona Karuppan Ambalam – Appellant
Versus
S. V. K. Karuppan Ambalam – Respondent


Advocates:
T.R. Mani, for Appellants; M.A. Sattar Sayeed, A. Ramanathan and E.N. Venkatesan, for Respondents.

Judgement

JUDGMENT :- The defendants are the appellants in this second appeal. The suit was for a permanent injunction restraining them from obstructing the plaintiffs from their using a channel marked A B C D in the plaint sketch over the lands of the defendants, for a mandatory injunction and other ancillary reliefs. The plaintiffs are the present owners of two survey fields S. Nos. 294/3 and S. 294/5. They became entitled to the same under three sale-deeds Exs. A-1 to A-3 in the year 1959, and their predecessor-m-title became entitled to the land under assignments by the Government in 1950. Ex. A-6 is an order directing the assignments. It is dated 27th April 1950 and the order states that the lands were temporarily assigned to the persons noted for raising unirrigated dry crop subject to the conditions set out therein. One of the conditions is that there should be no wet cultivation on the lands assigned unless and until she grantee obtains a permit on application to the Executive Engineer, Periyar Division, Madurai. The condition provides that even if dry cultivation was not possible wet cultivation was not permissible and Periyar water should not be used without permission, ei





















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