SANTOO Vs. GAJANAND

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered by this Court in this defendants' second appeal is as under:-

(2.) The plaintiff filed a suit for damages pleading inter-alia that he is owner of agricultural land bearing Khasra No.654, 656/1, 656/2 and 656/3. He further pleaded that water from his field drains from eastern side in Khasra No.656/1 and western side from Khasra No.656/1 in the defendant's field by which excess water is flown out, which the defendants closed by filling mud, as such, the plaintiff suffered loss as water could not be drained from 2.75 acres of land. He also pleaded that application was filed before the Naib Tahsildar, Lormi and by order dated 17.8.1999 the Naib Tahsildar directed to remove the muds from drainage which could be done with the help of police, as such, he is entitled for damage of Rs. 30,000/-.

(3.) The defendants resisted the suit taking the stand that there is no Kada nali and water drains from his cousin's field Sunderlal. The trial Court dismissed the suit, however, the first appellate Court decreed the suit in favour of the plaintiff, against which, this second appeal under Section 100 of the CPC has been preferred by the appellants/defendants, in which substantial question of law has been framed by this Court, which has been set-out in the opening paragraph of this judgment.