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1950 Supreme(Mad) 134

VISWANATHA SASTRI
Lachuma Goundan, son of Pachiappa Goundan – Appellant
Versus
Pandiyappan alias Annamalai Goundan – Respondent


Advocates:
T.L. Venkatarama Aiyar for Appellants.
M.S. Venkatarama Aiyar, K.R. Krishnaswami Aiyar, S.P. Subramania Aiyar and the Government Pleader (K. Kuttikrishna Menon) for Respondents.

Judgment

Plaintiffs 1, 2, 5, 6 and 8 are the appellants in this second appeal. The suit was filed by the plaintiffs in a representative capacity on behalf of the villagers of Nadamuthur and Chinnamuthur against the villagers of Periamuthur and the Province of Madras, for a declaration that they were entitled to the usual mamool supply and distribution of the water of the Desabandam channel taking off from the south Pennar river, for 24 hours as against 12 hours of the defendants, or, in the alternative, for effecting any other fair and equitable distribution of the water flowing in the channel in proportion to the respective wet ayacut extents of the three villages. There was also a claim for Rs. 100 by way of damages against the defendants. The suit has been dismissed by the Courts below,

From the channel styled the Dasabandam channel taking off from the south Pennar river, the wet lands in the three villages have been irrigated from a long time. The channel is an artificial channel which vests in the Government. The extent of wet cultivation in the two villages of the plaintiffs is 100 acres while the extent of wet cultivation in the defendants’ village is 75 acres, but the lands o







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