JUDGMENT

The plaintiff in O.S.No.94 of 1999 on the file of the Sub Court, Devakottai is the appellant in this second appeal.

2.The case of the plaintiff is as follows:-

The plaintiff is the owner of the suit well. The defendant approached the plaintiff for permission to lift water from the well on payment of Rs.100/- per day. The defendant is a textile manufacturing industry. The defendant paid a sum of Rs.5,000/- on 11.03.1993 as security deposit. On 23.08.1993, they paid a further sum of Rs.30,000/-. Even though the defendant continued to draw water from the plaintiff's well, no further amount was paid. The defendant owed to pay a total sum of Rs.1,90,000/- by way of arrears. Since the said amount remained unpaid even after the repeated demands, the plaintiff instituted the aforesaid suit.

3.The defendant denied the plaint allegations. The defendant claimed that the amount of Rs.35,000/- paid by the defendant in March 1993 represented advance amount for purchase of the land on which the well is situated. The defendant would further claim that the well was dug by the defendant only. The defendant denied that they had agreed to pay a sum of Rs.100/- per day for lifting water from the s