The Madras Law Journal

Cover The Madras Law Journal
The Madras Law Journal
India. High Court (Madras, India)
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3. 3 Bligh K. S. 414.
2. 84 KB. 680. 4. 7M.H.a87.
Digitized by GooglQ JnBtioe.
164 THS MADBA8 LAW JOUltirAL iLtfOWB. [TOIi. XIT.
Vcnkata- ted by* a common tank. As found by both the lower courts, the Chettiar Surplus water of the tank has from time immemorial been dis- Ganr^ali b ^^^^^8®^ through a weir and the water thus discharged passes over Thevar. some of the lands of both the parties and eventually escapes Offg. Chief through a channel separating the two villages. It is further found that
... if the plaintiff puts up the bund which he proposes to con- stroct in order to save from inundation the portion of his property hitherto affected by the flow of the surplus water, such bund would throw back upon the defendant's land more water than has customarily flowed on to his property and increase the damage to which he has been hitherto subject.
In these circumstances there can be no doubt that the lower courts were right in refusing to grant the injunction prayed for by the plaintiff, to restrain the defendants from interfering with the erection of the proposed buud.


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