GOVERDHAN PRASAD Vs. STATE OF MP (NOW CG)

JUDGEMENT

(1.) By this first appeal under Section 96 of the Civil Procedure Code, 1908 (in brevity 'CPC'), appellants have challenged the legality and propriety of the judgment and decree dated 30-7-2001 passed by the Additional District Judge, Bemetara Distt. Durg, CG in Civil Suit No. 4-A/84 whereby and whereunder learned Court below has dismissed the suit filed by the plaintiffs/appellants herein for bringing the Tar in its original condition and for permanent injunction against any obstruction for irrigation from Tar and also for damages of crop. Learned court below dismissed the suit with costs as the plaintiffs failed to prove their case.

(2.) As per brief facts of the civil suit filed before the Court below, the plaintiffs/appellants are holding agricultural land at village Kathiya, tehsil Bemetara which is named as Loharsahi. For its irrigation, rain water used to reach in these lands through a Tar. Said Tar was constructed by forefathers of the plaintiffs. Defendant No. 2 Kapil Narayan on account of enmity in the year 1979 damaged the Tar in question during deepening of Gatwa tank thereby the water which used to flow in the lands of plaintiffs at Loharsahi was obstructed. For this the then State Government was responsible. Hence the plaintiffs by filing this suit prayed that original position of the Tar be restored and the defendants be permanently restrained for its closure again and also plaintiffs demanded for damage caused on account of being deprived from irrigation through concerned Tar and damages for its fulfillment.

(3.) Before the Court below defendant No. 1 by filing the written statement denied the entire pleadings adduced by the plaintiffs and pleaded that the plaintiffs had not acquired any easementary right; the suit is time barred. Hence the suit may be dismissed with costs.