JAGANNATH SINGH Vs. MUNSHILAL & OTHERS

JUDGEMENT

(1.) THE defendant -applicant, aggrieved by the order dated 23 -11 -1981, passed by the Additional District Judge, Sheopur, has preferred this revision under section 115 of the Code of Civil procedure.

(2.) THE plaintiff non -applicants, Munshilal, Badshah, Garsingh and Chandan singh, filed a suit that the well situate in Survey No. 3061 of village Rajoudha has become a public well after the abolition of Zamindari. The fact that this well is a public well is recorded in the revenue papers. Village Orthi -Ka -Pura is situated near this well for the last 25 years and the people of this village use water of this well for drinking purposes and for use of the cattle of the village. In the plaint, the Judgment proceeded that defendant has installed an electric -pump and has started extracting water, due to which the possibility is that this well may ultimately go dry and the drinking water may not be available to the villagers.

(3.) THE plaintiff -non -applicants also filed an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure, for restraining the defendant -petitioner from extracting water by means of an electric pump from the well.