BHASKAR GHOSH Vs. SANTOSH KUMAR GHOSH

JUDGEMENT

(1.) This is a second appeal from the decree of the lower appellate court affirming the decree of a learned Munsif in a suit for declaration of right of easement and permanent injunction.

(2.) The case of the plaintiffs was that they are the owners of the lands described in Schedules Kha and Ga to the plaint. Plot No. 564 of Mouza Beladanda is a tank locally known as 'Boalpukur' and Plot No. 563 is the bank of the tank, described in Schedules Ka and Ka (1) respectively to the plaint.

(3.) According to the plaintiffs, there is a katan (opening made by cutting the bank) on the southern bank of the tank delineated by the letters Ka, Kha, Ga and Gha in the sketch map appended to the plaint through which, the water of the tank is drained out into a nala (channel) to its south for irrigating the Kha and Ga Schedule lands situated to the south and southeast of the tank. The katan is filled up with earth after the irrigation is over.