JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of CPC, 1908 against the decree and judgment dated 07.10.1999 passed in A.S. No.5 of 1999, on the file of the Principal District Court, Nagapattinam, upholding the decree and judgment dated 22.10.1998 passed in O.S. No.6 of 1997, on the file of the District Munsif Court, Thiruthuraipoondi.)

1. The unsuccessful plaintiff before both the courts below has filed the present second appeal.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial court and at appropriate places, their ranking in the present appeal would also be indicated.

3. The plaintiff filed a suit in O.S.No.6 of 1997 before the District Munsif, Thiruthuraipoondi, seeking for a declaration that he has easementary right over the channel described as ‘B’ schedule property in the plaint schedule and for a consequential relief of mandatory injunction directing the defendants to restore the channel in its original form at their own costs or in the alternative pass a decree of permanent injunction restraining the defendants from in any manner interfering with the plaintiff’s right to draw water from the channel by laying a pipeline as