R.SENGOTTUVELAN
Sunda Thevar – Appellant
Versus
The Collector Of Madurai – Respondent
R. Sengottuvelan, J.
1. The second appeal is filed by the plaintiffs challenging the concurrent findings of both the Courts below in O.S. No. 719 of 1973 on the file of the Subordinate Judge of Madurai and A.S. No, 200 of 1977 on the file of the District Judge of Madurai.
2. The averments in the plaint are briefly as follows: Mela Urappannur Periakulam Kanmoi is a Government Irrigation source, which irrigates 800 acres of land by the water collected in it. Josier Alankulam Kanmoi is another Government irrigation source, northwest of Mela Urapanur Periakulam Kanmoi. There are two vents marked as B and B-l in the plaint plan in the Josier Alangulam Kanmoi from which a channel leads to Mela Urappannur tank. The channel is about a mile long. Josier Alangulam Kanmoi is fed by surplus water from Nochikulam tank, which is to the north of Josier Alangulam Kanmoi. North of Nochikulam is Ponnamakulam Kanmoi, which is another Government Irrigation source. Water from Ponnamakulam Kanmoi flows through two vents marked in the plaint plan to Nochikulam Tank. Ponnamakulam Kanmoi in turn gets its supply from Munswami, Koil Odai running west to east. At the point A-l shown in the plaint plan,
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