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1928 Supreme(Mad) 313

MADHAVAN NAIR
Musunoori Satyanarayana Murti – Appellant
Versus
Chekka Lakshmayya – Respondent


JUDGMENT

Madhavan Nair, J.

1. The facts necessary for the decision of this second appeal may be briefly stated as follows:

The defendant is the appellant. Plaintiffs sued the defendant to establish their right to let out drainage water along the bodi (drainage channel) marked CC-1, in the plaint and for the issue of an injunction restraining the defendant from obstructing the plaintiffs in repairing the said channel. The drainage channel passes through the defendants fields which lie to the south of the plaintiffs lands. Plaintiffs claim to discharge the water through the channel is based upon an easement right granted to plaintiff 1 Under Ex. E by the defendants father. Ex E dated 30th July 1911 is a letter written by the defendants father, Dikshithalu, to plaintiff 1. It runs as follows:

You wanted a bodi for flowing freely the surplus water through the land along eastern bund of Re Survey Inam No. 187 owned by us in Pedavarthi village. Having given a bodi to you in the said manner, I wanted you to give me at a future time a bodi to my land 187 through your land 75 in case I dig the earth from my land and lower the level of the same and you consented to the same. On this understandin











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