Under the Easement Act, co-owners have the right to use common property in the most advantageous manner without causing injury or detriment to other co-owners.

The unsuccessful defendants in both the courts below have filed the present appeal.

2. I have heard the learned counsel for the appellants as well as the respondent.

3. The Respondent filed the suit in O.S.No.416/2003 on the file of the II Additional District Munsif Court, Erode, with a prayer for permanent injunction against the defendants/appellants from obliterating or obstructing the plaintiffs/respondents user of the suit channel to irrigate her field situate in R.S.No.1470/8 of Vadugapatti Village from the well water situate in R.S.Nos.1471/1 and 13 of the said village and also for a permanent injunction against the defendants restraining them from obstructing the plaintiffs right to take water in the well situate in R.S.No.1470/9 for two days out of every 9 days.

.4. The defendants have filed the written statement. In the written statement while admitting the existence of the common channel, the defendants would state that the entire channel has extended up to a particular portion, namely F portion. It is also admitted that the advocate commissioner has given a finding about the existence of the common channel in the form of Uthi. The defendants/appellants have stated that the plaintiff/respondent has not co-operated with the defendants for de-silting in the common well situate in R.S.No.1470/9, however denying the plea of the plaintiff that the common well situate in R.S.No.1470/9 has dried. It is after trial the trial court as well as the appellate Court have found that factually the well situate in plaintiffs exclusive property situate in R.S.Nos.1471/1 and 13 wherein abundant water is available, from where the plaintiff has taken the water under the common channel by way of pipeline to the another exclusive plaintiffs property situate in R.S.No.1470/8.

5. On the other hand it is admitted that the well which is situate in R.S.No.1470/9 is common to plaintiff and defendants as co-owners wherein each of them having 2/9th share. Apart from that 5/9th share given to the third parties.

6. The grievance of the defendants/appellants which is now raised at the second appeal stage is that the plaintiff/respondent is not co-operating for de-silting the common well which is situate in R.S.No.1470/9. Instead of doing that the conduct of the plaintiff in taking water from exclusive property situate in R.S.Nos.1471/1 and 13 through the common channel to her another portion of exclusive property situate in R.S.No.1470/8 indirectly affect the right of the co-owners in using the common channel.

.7. On the other hand a reference to the judgments of both the courts below would show that it is not as if the plaintiff has been using the water from the common well situate in R.S.No.1470/9 in which the plaintiff and the defendants are co-sharer. As it is found by both the courts below based on the advocate commissioners report that the water is being taken from the exclusive property of the plaintiff/respondent situate in R.S.Nos.1471/1 and 13 under the common channel by pipeline so as to reach the plaintiffs another exclusive property situate in R.S.No.1470/8. Therefore, it is clear that the contention raised on behalf of the learned counsel for the appellants as if the conduct of the respondent affected the right of the co-owners from drawing water from the common well is not well founded for the simple reason that this was never be the issue before the Courts below. But it is the only grievance of the defendants that the common well situate in R.S.No.1470/9 has been made unusable by the conduct of the plaintiff in not co-operating for de-silting the same. It is always open to the defendants to work out their remedy under law. When that was not the issue before the Courts below, in this case, I do not think that the appellants can be permitted to raise the same at this point of time. On the other hand, as I have directed above, both the courts below have found that the water has been taken from the well belonging to the