RAM BHIKA Vs. ARJUN GOPAL AND ORS.

JUDGEMENT

(1.) THIS is Defendant's appeal against a decree of the Additional District Judge, Nimar, Mandleshwar, dated 12 -7 -1951, reversing the decree of the Civil Judge, First Class, Khargone, by which the latter dimissed the Plaintiff's suit. The Defendant has now come in second appeal.

(2.) THE Plaintiffs filed a suit for mandatory and permanent injunction alleging that the Plaintiffs owned and possessed two sets of, lands - Nos. 139, 141 and 142 on the west and Nos. 192 and 193 to the east near a Nala - in the village Pipri, Tehsil Khargone. The Defendant also possessed a piece of land (Survey No. 187) lying near Nos. 192 and 193 of the Plaintiffs'. Now the slope of the rain water was from Plaintiffs' western lands, that is, Nos. 139, 141 and 142 towards the east over the Defendant's fields - Survey No. 187 - and then die water would go to join the Nala on the east side.

(3.) MR . Pande, learned Counsel for the Appellant, urges that there was no cause of action to the Plaintiffs as the Defendant protected his own field No. 187 by erecting a Pala. In this connection, he invites my attention to para 347 at p. 223 of Clerk and Lindsell on Torts (1954 Edition) where it is observed that a landowner may lawfully erect a barrier to prevent flood water from coming on his land, although the natural consequence of his doing so is to cause more water to flow on to his neighbour's land.