RAMA BHATTA Vs. KRISHNA BHATTA

JUDGEMENT

(1.) S. A. No. 257 of 1956 is by the plaintiffs, and S. A. No. 227 of 1956 by the 5th defendant in O.S. No. 275 of 1945 on the file of the Munsiff of Kasaragod.

(2.) The suit is for "a decree restraining the defendants by means of a permanent injunction

(3.) The plaintiffs are the owners of the areca gardens bearing R. S. Nos. 605/7, 12, 13 ; 651/1, 2, 6, 13 and 14; 658/2 ; 659/4. According to them they used to put up a Katta at point A in channel X and take the water of the stream to irrigate their areca gardens through the cement Voli (artificial channel) B. Channel X is fed by its tributory Y, and the water in channel C used to augment the water flowing from Voli B. The defendants are upper riparian owners having paddy flats upstream, recently converted into areca gardens within seven years prior to the institution of the suit. As the areca plantations require more water than paddy flats, the defendants have put up new Kattas and Picotahs by the side of their lands and appropriated most of the water flowing in the channels, thereby affecting injuriously the plaintiffs' easement right to use the water for irrigating their areca gardens and have also fenced off the way on the bunds of the channels used by the plaintiffs. Injunction as aforesaid was therefore sought by the plaintiffs to restrain the defendants from continuing the unauthorised acts and to remove the obstructions placed by them on the plaintiffs' right to water and right of way.