NARSOO BHANDARI Vs. MADAN LAL TULSIRAM

JUDGEMENT

(1.) IN village Ugdiwada, tahsil and district Seoni, khasra No. 164 (area 5. 32 acres) belongs to the defendant-appellant, which is colloquially called "munda", which means that a part of it remains covered with water. Such part, which is towards the east, comprises of 3. 32 acres and is not fit for cultivation. The western two acres are under cultivation.

(2.) TOWARDS the west of khasra No. 164 are other agricultural lands, abadi and a hillock, known as "maltona". Towards the east of khasra No. 164 is khasra No. 165, which is a tank called "neem Talao".

(3.) RAIN water flowing from the hillock and the Abadi flows into khasra no. 164, the slope being from west to east and it collects into the depressed part of khasra No. 161 From there, water over-flows into the tank, khasra no 165. This flow of water in one direction from west to east and its ultimate collection in the depression of khasra No. 164, and in the tank khasra No. 165, had been recorded from at least as back the year 1916-17. And, from the water thus collecting in khasra Nos. 164 and 165, the adjoining fields of the plaintiffs and others were irrigated. The right is recorded even in the settlement record of 1916-17 and also in the Wajib-ul-arz and the Nistar Patrak.