SHIVSHANKAR Vs. INDERLAL AND OTHERS

JUDGEMENT

(1.) The appellant/plaintiff has filed the present second appeal being aggrieved by the judgment dated 30.6.2011 passed by Civil Judge, Class-II, Sanawad, District Khargone in Civil Suit No. 33-A/2008 by which the suit has been dismissed and the judgment dated 7.9.2016 passed by Additional District Judge, Barwaha, District Khargone by which the appeal has also been dismissed and the judgment of learned trial Court has been affirmed.

(2.) According to the plaintiff, he is owner and in possession of the land bearing survey No. 166/5 area 0.393 Hect. situated at Village Dasgaon, Tehsil Barwaha, District Khargone. There is a Well in the land, in which the defendants were drawing water during the life time of father of the plaintiff. The defendants No. 1 and 2 are real brothers and they are owners of land bearing Survey No. 166/5 which is adjacent to the land of the plaintiff. On the basis of oral agreement between father of the plaintiff and defendants, the defendants were drawing water from the Well since 4-5 years. According to the plaintiff, in the month of June, 2008, the defendants came there and tried to stop him drawing water from the Well, which gave him cause of action to give legal notice and to file the suit for permanent injunction.

(3.) After notice, the defendants filed their written statement. The defendants admitted the ownership of the plaintiff over the land where the Well is situated. According to the defendants, an agreement to sale dated 13.2.1981 (Ex. D/6) was executed between father of the plaintiff and defendant No. 1 to draw water from the Well @ 50 Paise and since then, they are drawing water from the Well.