DINDAYAL SHEOPRASAD Vs. KONDA GHASIYA

JUDGEMENT

(1.) THE decision in this case hinges on the question whether a given right of irrigation from a tank is restricted to the particular crop shown in Col. 8, Bab 10 of the wajib -ul -arz or is the right unrestricted so far as crops are concerned.

(2.) THE contention of the Appellant is that once the right of irrigation is conceded, it is immaterial what crop is actually sown or irrigated. In his view, no breach is committed if, as an alternative, or in addition to paddy crop, some other crop is irrigated by him.

(3.) IN result, I hold that the view taken by the lower Court is correct. The appeal is dismissed accordingly.