The Plaintiff is the appellant in this second appeal and his suit for a permanent injunction restraining the defendants from taking water from the well in S. No. 309 in Naranapuram village to their field in S.No.287 of the same village was dismissed by both the Courts below. Hence this second appeal.

This dispute relates to the use of the water of the well which is admittedly situate in S.No.309. There was a partition arrangement of 9th February, 1927, between the predecessors-in-title of the plaintiff and the defendants respectively under which it was arranged that the water of the well should be enjoyed in equal shares by the parties, one party drawing water from the southern side of the well and the other from the northern side. The schedule to the partition deed contains the description of the shares allotted to the respective parties in S. No. 309 and from that it will be seen that the well and the survey number were practically divided into two parts, the division in the case of the well being merely notional as there could be no physical division of the water of the well. The description makes it clear that the well was intended for the use of S.No.309 and it is intimately co

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