JUDGMENT :

Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree of the Subordinate Court, Sankarankoil in A.S.No.69 of 2002, dated 18.12.2002 in which the learned Subordinate Court has reversed the judgment and decree of the District Munsif Court, Sivagiri passed in O.S.No.253 of 1998, dated 29.08.2002.

1. The defendants are the appellants herein.

2. The plaintiff filed O.S.No.253 of 1998 before the District Munsif Court, Sivagiri for declaration that the 3rd schedule channel is a common channel for the plaintiff and the defendants and prayed for consequential injunction restraining the defendants from interfering with the enjoyment of the said channel. The plaintiff further prayed for a mandatory injunction directing the defendants to restore the 3rd schedule channel to its original possession. The suit was dismissed by the trial Court. The plaintiff filed A.S.No.69 of 2002 before the Sub Court, Sankarankoil. The appeal was allowed granting a decree in favour of the plaintiff. As against the same, the present second appeal has been filed by the defendants.

3. The plaintiff has contended that the 1st schedule property is a common Wel