MAHARAJ SINGH Vs. BALJIT SINGH

JUDGEMENT

(1.) THESE are four Appeals arising out of a dispute between the parties with respect to five Parnalas.

(2.) ADMITTEDLY the water from the Parnalas flows from the house of Maharaj Singh and falls down on the land which now admittedly belongs to Baljit Singh, Maharaj Singh instituted Suit No. 669 of 1968 claiming an injunction restraining Baljit Singh from interfering with his right to flow water from the aforesaid Parnalas. 11 has given rise to Second Appeals Nos. 3786 and 8788 of 1960. Baljit Singh instituted Suit No. 744 of 1958. He asked for an injunction restraining Maharaj Singh from interfering with his right to obstruct the flow of water falling from the Parnalas in dispute. It has given rise to Second Appeals Nos. 3785 and 3787 of 1960.

(3.) NAND Kishore, Khoob Singh and Anup Singh were three brothers. Nand Kishore has two sons; Maharaj Singh and Damodar Prasad. Baljit Singh purchased on 7-1-1962 the interest of Khoob Singh and Anup Singh in the land over which the water from the Parnalas in dispute is discharged. Admittedly the house from which the water from the Parnalas in dispute flows down belonged exclusively to Maharaj Singh. There was a controversy with regard to the interest of Maharaj Singh in the land which is now owned by Baljit Singh and over which the water from the Parnalas in dispute falls down and flows through. It appears that the aforesaid land belonged to the three brothers Nand Kishor, Khoob Singh and Anup Singh. Maharaj Singh alleged that there was a partition between Nand Kishor and the brothers Khoob Singh and Anup Singh as a result of which the land now belonging to Baljit Singh had come to the share of Khoob Singh and Anup Singh. The court below observed as follows: