KOLI BHIMABHAI VERSHIBHAI Vs. SURENDRANAGAR DISTRICT PANCHAYAT

JUDGEMENT

(1.) Heard learned advocate Mr.Manan K. Paneri appearing with Mr.B.D. Karia for the appellant and learned advocate Mr.Devang Bhatt appearing with Mr.H.S. Munshaw for the respondent/s. Perused the record.

(2.) The appellant is original plaintiff before the trial Court and respondent before the first Appellate Court, whereas, respondent is original defendant before the trial Court and appellant before the first Appellate Court.

(3.) For the sake of convenience, we will refer the litigants with their designation in original litigation being Civil Suit No.173 of 1993. The plaintiff has preferred such suit claiming compensation of Rs.50,000/- because of damages to his field due to heavy flow of water from dam which was broken down due to improper construction and maintenance by the defendant and, thereby, negligence of the defendant in controlling the water which was collected by them against the natural flow of such water by constructing earth dam. The meaning of earth dam is quite clear that natural flow of water in river has been stopped and collected by making a wall of mud and clay (MATI), which is called as earth bank mound (PALO).