The appellant herein/plaintiff has filed the suit in OS.NO.35/1999 for declaration that the plaintiff is entitled to take water through the pipelines laid beneath the lands of the respondents herein/defendants in S.NO.177/10 and 183 and for permanent injunction restraining the defendants from interfering with the plaintiff from taking water and for costs.

2. The case of the Plaintiff as set out in the plaint is as follows:-

a. The property in S.NO.177/7 to an extent of 1 acre 15 cents, the property in S.No.177/6 to an extent of 72 cents and the property in S.No.177/9 to an extent of 70 cents and 62 cents in S.No.177/9 originally belonged to one Ganapathi Pillai. The said Ganapathi Pillai sold the same in favour of one Annamalai Pillai under the sale deed dated 5.11.1965. An extent of 2 acres and 80 cents in S.NO.177/9 originally belonged to one Perumal Pillai, who settled the same in favour of one Settu by virtue of the settlement deed dated 19.7.72 along with the right in the well and trees thereon. In pursuance of the settlement deed, Settu was put in possession and enjoyment of the same. The above said Settu and Annamalai Pillai sold the properties along with the righ