SHANKAR AND OTHERS Vs. MANOHAR SINGH AND OTHERS

JUDGEMENT

(1.) This is a defendants appeal against the appellate judgment and decree dated 28-8-1968 passed the District Judge, Aligarh, setting aside the judgment and decree dated 6-4-1967 passed by the Munsif, Havali, Aligarh in Original Suit No. 108 of 1964.

(2.) There was only one point involved' in the case and it is this whether Manohar Singh, plaintiff-respondent No. 1 had acquired a right of easement to irrigate his fields. Nine in number, Nos. 1252 to-1259 and 1263 of village Utara from the Gool existing in plots Nos. 1263 and 1266 of the defendants-appellants. The alleged Gools are said to be connected to a tube-well.

(3.) In the plaint, the respondent alleged in para 1 that he was irrigating his fields from tube-well situate in plot No. 1265 for more than 30 years, in paragraph 2 of the plaint he mentioned the-two Gools drains passing through the appellants fields Nos. 1263 and 1266. In para 3 of the plaint, he stated that he used to irrigate openly and without any obstruction. In para. 4, he stated that the appellants had obstructed and closed the said Gools.