1. This second appeal is directed against the judgment and decree dated 21.04.2003 passed in A.S.No.3 of 2003 on the file of the Principal District Court, Nagapattinam, reversing the judgment and decree dated 28.10.2002 passed in O.S.No.375 of 1999 on the file of the District Munsif Court, Nagapattinam.

2. The parties are referred to as per the rankings in the trial court.

3. Suit for permanent injunction.

4. The case of the plaintiff in brief is that the suit property was enjoyed by the plaintiff from the days of his ancestors on “paguthi” basis under V.S.Thiyagaraja Mudaliyar and subsequently, the suit property was purchased by Ramnath Koyanga from V.S.Thiyagaraja Mudaliyar on 29.03.1960 and the plaintiff had purchased the suit property from Ramnath Koyanga during the year 1962 and prior to his purchase, it is only the plaintiff and his predecessors in interest, who had been in possession and enjoyment of the suit property under “Paguthi” arrangement and there is a small pond in the suit property and the plaintiff had been utilizing the water from the pond to irrigate the vacant portion of the suit property and the defendant had requested the plaintiff to permit him to irr