A suit for permanent injunction is maintainable without seeking a declaration of title when the defendant admits the plaintiff's title and possession.

JUDGMENT :

P. DHANABAL, J.

PRAYER: Second Appeal is filed under section 100 of the Civil Procedure Code to set aside the Judgment and the decree dated 28.10.2013 passed in A.S. No. 09 of 2012 on the file of the Sub Court, Dharapuram confirming the judgment and the decree dated 19.01.2012 passed in O.S. No. 231 of 2004 on the file of the District Munsif Court, Dharapuram.

1. This Second Appeal has been filed as against the judgment and decree passed in A.S. No. 09 of 2012 on the file of the Sub Court, Dharapuram dated 28.10.2013, confirming the judgment and decree dated 19.01.2012 passed in O.S. No. 231 of 2005 on the file of the District Munsif Court, Dharapuram. In the trial Court, the plaintiffs have filed the suit as against the defendant and the same was decreed in favour of the plaintiffs and as against the trial Court's verdict, the defendant has filed the First Appeal and the same was also dismissed. Aggrieved by the same, the defendant has preferred this Second Appeal.

THE CASE OF THE PLAINTIFFS

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(i) The plaint schedule properties originally belonged to one Maruthan through final decree proceedings passed in I.A. No. 873 of 1937 in O.S. No. 43 of 1937 dated 23.03.1938 on the file of the District Munsif Court, Dharapuram. The plaintiffs are the sons of the said Maruthan. As per the final decree proceedings in the above said suit, the said Maruthan had got Patta in his name and he also paid “kist” to the above said property. The defendant is none other than the son of the second defendant namely Bhagavathi Nadar in the above said final decree proceedings. As per the final decree proceedings in the above said suit, the plaintiffs' father is entitled to 1/4th share over the properties and the remaining share belongs to father of the defendant mentioned in the final decree proceedings. The suit Survey Number is Ka.Sa.No. 917/1.

(ii) In the suit property, a Well with other amenities also exist. The plaintiffs are entitled to take water from the Well for irrigation only for two days out of eight days as per their turn. After the demise of the father of the plaintiffs, namely Maruthan, the plaintiffs have been in peaceful possession and enjoyment of the property. Plaintiffs have also got Patta in their name and are also regularly paying the kist to their property. The plaintiffs are enjoying the suit property by grazing cattle in the field. Due to drought, there was no water in the above said Well for the past several years. The defendant got electricity connection in his name and he is also taking water from the said common Well for irrigation purpose.

(iii) Now, due to recent monsoon, the plaintiffs have taken steps to renovate the places in and around the Well to facilitate to take water from the channels. When the plaintiffs attempted to make renovation work, the defendant attempted to prevent the plaintiffs from doing their lawful work. Further, the defendant also attempted to take water through lorries from the common Well for commercial purpose. If the defendant is permitted to take water through lorries from the common Well, the plaintiffs' irrigation will be affected. Therefore, the plaintiffs have filed this suit for the relief of permanent injunction restraining the defendants from interfering with the plaintiffs' peaceful possession and enjoyment over the suit property, restraining the defendants from interfering with the plaintiffs from taking water from the Well during their turn of two days out of eight days and also injunction restraining the defendants from taking water through lorry for commercial purpose. Hence, the suit may be decreed in favour of the plaintiffs.

THE CASE OF THE DEFENDANT

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(i) The case of the defendant is that, the suit is false and frivolous. He stoutly denied the plaint averments regarding the possession of the plaintiffs and existence of Well in the suit in S. No. 917/2. In fact, there was a suit filed on the file of District Munsif Court, Dharapuram in O.S. No. 43 of 1937 and the s