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2018 Supreme(Mad) 273

PUSHPA SATHYANARAYANA
S. Jayachandra Chowdry – Appellant
Versus
T. Devaraj – Respondent


Advocates Appeared:
For the Appellants :R. Selvakumar, Advocate.
For the Respondent:R. Sripriya for M/s. V. Raghavachari, Advocates.

JUDGMENT :

1. The plaintiff, aggrieved by the concurrent findings of the Courts below in a suit for permanent injunction restraining the defendant from effacing the channel in 'B' Schedule property and interfering with the plaintiff's right of taking water through the plan marked channel shown in the 'B' schedule property to irrigate the 'A' schedule properties.

2. The plaintiff is the owner of the properties described in the Schedule 'A'. He had got the same by way of partition between himself and his brother through a registered partition deed dated 02.12.2002. A patta was also obtained by him and the plaintiff has been cultivating the lands. Item Nos.1 to 7 of the 'A' schedule properties are wet lands (“TAMIL”), being irrigated from the Perathur lake comprised in survey No.190. It is stated that there is a well formed plan channel from the lake passing through survey Nos.126, 38, 39 and 40. The channel, which passes through survey No.40, ends on the South Eastern corner of the suit item No.5 and 6, that is, survey Nos.33/1 and 33/2. The plaintiff derives water through his land to irrigate his other lands. The plaintiff also had filed the Field Map Book (FMB) copies issued by the V























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