MANGAT AND ORS. Vs. TEK CHAND AND ORS.

JUDGEMENT

(1.) This is defendants second appeal directed against the judgment and decree of the Courts below decreeing the suit of the plaintiffs.

(2.) Plaintiff filed suit for permanent injunction restraining the defendants from demolishing Khal AB or by depriving the plaintiffs from the enjoyment of the same. As set out in the plaint, the case of the plaintiffs was that they purchased land measuring 69 Kanals vide registered sale deed dated 27.5.1983 from Surjit Singh son of Karam Singh. The said land was being irrigated prior to purchase and is still being irrigated that the said Khal is an authorised Khal. They further alleged that after the land was purchased by them, defendants also purchased the remaining area of Surjit Singh and threatened to demolish the Khal. They also alleged that the Khal in question has been in existence for the last more than 30 years.

(3.) Upon notice of the suit, defendants filed written statement wherein they admitted the fact of purchase of land. They denied that the Khal is a sanctioned and authorised or was running for the last more than 30 years. Defendants submitted that the land of the plaintiff was never irrigated through the alleged Khal AB. Defendants also denied that the Civil Court had no jurisdiction to entertain the suit as the remedy of the plaintiffs is before the Canal Authorities.