The first appellate Court is the last fact-finding Court and has the authority to consider the documentary evidence and oral evidence to arrive at the correct conclusions.

The Second Appeal is filed by the first defendant and the legal heirs of the deceased second defendant, against the judgment and decree dated 25.1.2002 in A.S.No.3 of 1999 on the file of the Sub-Court, Cheyyar, modifying the judgment and decree dated 9.7.1993 in O.S.No.110 of 1981 on the file of the District Munsif Court, Cheyyar.

2. The averments in the plaint are as follows:

(a) Dry S.No.33/6, measuring 1 acre 11 cents and S.No.35/1, measuring 2 acre 24 cents, belong to one Thiruvengada Pillai. He had two sons, by name Munusami Pillai and Karia Pillai. Munusami Pillai died long back leaving behind his sons, Thiruvengada Pillai alias Mandiri Pillai. Ramasami Pillai and Vellakannu Pillai. The said Thiruvengada Pillai alias Mandiri Pillai had daughter, by name Kutti Ammal and she died leaving behind the first defendant as her only legal heir. Ramasami Pilai died about 45 years ago, leaving behind the plaintiff Jayarama Pillai. Vellakannu Pillai died in the year 1945, leaving behind his only daughter Valli Ammal and she also died issueless. (b) Karia Pillai had half share in the suit properties. Munusami Pillai had another half share in the suit properties. There is a Well in S.No.33/6, which is A schedule property. Both Karia Pillai and Munusami Pillai had half share in the Well. Munusami Pillais half share in the A schedule property, was divided between three brothers, Thiruvengada Pillai alias Mandiri Pillai, Ramasami Pillai and Vellakannu Pillai. Thus, each of them is entitled to 1/6 share. Since Vellakannu Pillai died intestate without any issues, his 1/6 share in the Well, devolved upon into 1/12 share to Thiruvengada Pillai alias Mandiri Pillai and another 1/12 share devolved upon the present plaintiff. So, the plaintiff is entitled to 1/6 share by birth and 1/12 share by devolution.

(c) Karia Pillai divided his properties into two shares and gave half share to one Kolavai Pillai, the father of the second defendant and another half share to Ramasami Pillai, the father of the plaintiff. Thus, in the Well, Kolavai Pillai had 1/4 share and Ramasami Pillai had 1/4 share. The second defendant inherited 1/4 share and the plaintiff inherited 1/4 share in the properties. In total, the plaintiff is entitled to 1/2 share in the landed properties and in the Well and the second defendant is entitled to 1/4 share in the Well and in the landed properties.

(d) The plaintiff and the father of the first defendant, Adhimoola Pillai applied for installation of 5 H.P. Pump-set in the suit Well. Service Connection was issued in the name of the plaintiff in or about 1958. The plaintiff has contributed half-share, Adhimoola Pillai has contributed 1/4 share and the second defendant contributed 1/4 share in the purchase of pump-set. The plaintiff has been taking water from the pump-set through the existing channel from the Well in S.No.36/6 and irrigated his lands. He used to raise paddy, sugarcane and ragi crops. His income was Rs.4,000/- p.a.

(e) The defendants 1 and 2 along with one Andi Pillai and others, unlawfully removed the pump-set in the middle of the year 1974. The plaintiff gave a Police complaint. The first defendant is keeping the motor materials in his custody. As a result, the entire lands are lying fallow. So, the plaintiff has not raised the crops. For non-payment of electricity consumption charges, the Electricity Department had disconnected the Service Connection. So, the plaintiff has issued notice on 4.11.1977. The defendants gave a reply with false allegations.

(f) Hence, the plaintiff filed the suit for declaration of plaintiffs title to half share in the Well described in the A schedule property and half share in the pump-set in the B schedule property and also for mandatory injunction to direct the defendants to restore the motor, etc., described in the B schedule property and in the Well described in the A schedule property, to pay damages of Rs.6,000/- for loss of crops, to pay Rs.200/-for value of the