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1942 Supreme(Mad) 219

SOMAYYA
G. Sreenivasa Chettiar by power of attorney agent, Sundar Rajulu – Appellant
Versus
Ramaru Goundar – Respondent


JUDGMENT

Somayya, J.

1. This is an appeal preferred by the plaintiff who is the landholder of the village of Nedungal in the Salem district against the decree of the District judge of Salem in so far as it refused to the plaintiff landholder certain reliefs. The defendants are the ryots holding certain lands in this village which are classified as dry. There is a channel marked A-B-C in the-plaint sketch which is a feeder channel to the Nedungal tank and it branches from the river South Pennar. Both the tank and the channel are sources of irrigation to the ayacut nanja lands, i.e., the wet lands in the village. The defendants who are the owners of certain dry lands in the village claim to take water from the channel by means of certain baling stands shown in the plaint sketch. They are also mentioned as 1 to 5 in the Commissioners sketch. The plaintiff as the proprietor of the village claimed a right to regulate the supply of water from the village tank and the supply channel which are both sources of irrigation for the wet ayacut of the village. He wanted an injunction preventing the defendants from using the water of the channel for their dry lands. The plea put forward by the defe



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