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1984 Supreme(Mad) 348

MAHESWARAN
Durairaju – Appellant
Versus
Natesan – Respondent


Advocates Appeared:
K. Sampath for Applt.
M.V. Krishnan for Respt.

Judgment :-

1. The defendant is the appellant, The suit out of which this second appeal arises has been filed by the plaintiff for a permanent injunction restraining the defendant from interfering with his right to use the motor pumpset installed in the suit well and for recovery of possession of a channel shaded red in the plaint plan and for a mandatory injunction to restore the channel to its original length of three feet. The plaintiff and the defendant are brothers. There was another brother, one Kaliaperumal. These brothers had properties in two villages, namely, Thirani and Thiraoipalayam. The lands in Thirani were allotted to the share of Kaliaperumal and the properties in Tniraniapalayam were divided between the plaintiff and the defendant. There is a well in Survey No. 229/5A and 5B which is the only source of irrigation for the plaintiff and the defendant in Thiranipalayam village. A motor pumpset has been installed in the said well. According to the plaintiff, even during the lifetime Of their father, the well and the pumpset were Common properties. The plaint averred that the defendant is trying to obstruct the plaintiff from irrigating his lands by using the motor pump














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