AIR 1973 MADRAS 42 ::1985 MadLW 659

Madras High Court

Hon'ble Judge(s): Palaniswami , J

Easements Act (5 of 1882) , S.18— Co-owners - Right to take water from common well by common channel by turn - One party trying to use the channel for taking water from their other well exclusively owned - Use cannot be prevented during his turn of enjoyment in absence of proof of prejudice to other side. Where the defendants wanted to use the common channel for taking water to their fields from their exclusively owned well and the plaintiff sued for injunction to prevent the defendants from making such user; @page-Mad43 Held, each of the co-owners of the common property is entitled to use the property in the way most advantageous and beneficial to him without at the same time causing any injury or detriment to the other co-owners. It is not for the other co-owners to dictate in what manner the other co-owner should enjoy the common property so long as the user of the common property by one co-owner does not materially interfere with the use of the property by the other co-owners or affect their rights or in any way weakens, damage or injure the common property. Therefore, when plaintiff neither alleged nor proved that by the use of the common channel by the defendants to take water from their exclusive well they were in any way prejudiced, the plaintiff was not entitled to prevent the defendants from using the common channel in....