JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of C.P.C, against the decree and judgment in A.S.No.45/2008 on the file of the Sub Court, Harur and dated 29.12.2009 in reversing the judgment and decree in O.S.No.220/2003 on the file of the District Munsif Court, Harur and dated 21.02.2008.)

1. This second appeal has been preferred against the judgment and decree passed in A.S.No.45/2008 on the file of the Sub Court, Harur and dated 29.12.2009 in reversing the judgment and decree in O.S.No.220/2003 on the file of the District Munsif Court, Harur and dated 21.02.2008.

2. The Appellants in the second appeal are the defendants.

3. The short fact of the plaintiff case is as under:

The plaintiff and the defendants are the members of the joint family and they were enjoying the suit properties and other properties jointly. On 07.09.1975 they entered into a partition between themselves. As per the partition deed the respective parties took the possession of their respective shares and were enjoying of the same. The plaintiff was allotted with the properties in Survey Number.78/2B (item No.1) and eastern half in survey No.77/7. The plaintiff used to take water from the well in S.F.No