THAMAN SINGH Vs. LAKHMIR SINGH

JUDGEMENT

(1.) This dispute relates to the compensation payable in respect of one-half share in the well known as Khanuwala Naya, which evaluated at Rs. 2000/- by the Consolidation Authorities and allotted to somebody else. There were two person wheels fitted on the well - one belonging to the defendant-respondents was evaluated at Rs. 300/- and the other said to be belonging to the appellant was evaluated at Rs. 200/-.

(2.) The document Ex. P.1 which is copy of Naksha Haquq Chahant and is a part of the jamabandi for the year 1994-95 Bikrami contained the following entry :-

(3.) It is not disputed that Narain Singh died and his share fell to Maghi. Similarly, Wazira died and his share was inherited by Maghi and Thaman Singh. In this manner, both of them became equally entitled to the well in dispute. It so happened that Thaman Singh appellant made an application to the Revenue authorities that the well in dispute be mutated in favour of both of them but later on he did not pursue this application because by then consolidation of holdings had intervened in this matter. After the well had been evaluated and the cost thereof credited to the share of the appellant and the respondents, the consolidation authorities came to the conclusion that since the land on which the well had been constructed belonged to Maghi, Thaman Singh appellant was not entitled to have any share out of the cost of the well.