JUDGMENT

The second appeal is preferred against the judgement and decree

12.01.2011 made in A.S.No.5 of 2010 on the file of the Principal Sub Judge, Tiruvannamalai, in confirming the judgment and decree dated 03.11.2009 made in O.S.No.290 of 2007, on the file of the Additional District Munsif, Tiruvannamalai.

2. The unsuccessful plaintiff before the Courts below has filed the present Second Appeal.

For the sake of convenience, herein after the parties would be referred as described by the trial Court.

3. The plaintiff filed a suit in O.S.No.290 of 2007 before the District Munsif, Tiruvannamalai, seeking the following reliefs:

a. Declaring the plaintiff's easement right to irrigate his lands in S.No.137/4A, 137/4B, and 137 through the suit mamool channel from the well in S.No.137/2.

b. Granting a permanent injunction restraining the defendant, his men, agents and servants from in any manner obliterating the suit channel.

c. Directing the defendant to pay the plaintiff the cost of the suit.

d. granting such other or further relief.

5. The case of the plaintiff in nutshell is as follows:

4. The suit property described as mamool channel through which the plaintiff irrigates his properties from ti