MANGILAL VENIRAMJI KULAMBI Vs. MANGILAL SAWAJI KULAMBI

JUDGEMENT

(1.) The unsuccessful plaintiff by taking the aid of Section 100 CPC have assailed the judgment and decree passed by learned two Courts below dismissing their suit. The plaintiff-appellants filed a suit against defendants respondents for declaration and injunction in respect of a well which is the subject matter of the suit. The name of Mangilal is common between the first plaintiff and first defendant. The father's name of first plaintiff Mangilal is Veniramji while that of first defendant is Sawaji.

(2.) According to the plaintiffs, the disputed Well is in the land of first defendant and he (first defendant) has been shown to be the Bhumiswami in the revenue record of the said land. Further it has been pleaded by the plaintiffs that adjoining to the first defendant's land, the land of plaintiffs is situated and they are irrigating their agricultural land from the disputed Well which is in existence of first defendant's land. Further it has been pleaded by the plaintiffs that for the last more than 60 years they are irrigating their land from the water of the Well of the first defendant. It has also been pleaded that defined channels to irrigate the land are also in existence adjoining to the surface of the well and therefore from these channels, after uplifting the water from the disputed Well, it flows to the land of plaintiffs and thus they are having easementary right on the Well of the First defendant.

(3.) It is also the case of the plaintiffs that in the relevant column of the revenue record there is an entry of the existence of Well and further there is an entry that plaintiffs are taking water from the said Well and this entry in the revenue record was never changed and is still continuing. Hence on the basis of the easement, the plaintiffs have filed a suit for declaration that it be declared that they are entitled to take water from the well of the first defendant. By amending the plaint they have also pleaded that because they are taking the water to irrigate their land for the last 60 years, a decree of injunction be granted against the defendants that they should not create any obstruction, while taking water by the plaintiffs from first defendant's Well.