BALBIR SAIN Vs. CHANDRAWALI AND ORS

JUDGEMENT

(1.) Defendant Balbir Sain having failed in both the courts below has filed the instant second appeal.

(2.) Suit was filed by Plaintiff Parbhu Dayal (since deceased and represented by Respondents as his legal representatives) against Defendant-Appellant alleging that Plaintiff is owner in possession of the suit land and Defendant has no right, title or interest therein but the Defendant wanted to dig water course through the disputed land. Injunction against the said act of the Defendant was claimed. Mandatory injunction was also claimed if the Defendant succeeded in digging water course through the suit land during pendency of the suit.

(3.) The Defendant contested the suit and pleaded that water course approved and sanctioned by Irrigation Department already existed in the disputed land for the last more than 40 years and Defendant has been irrigating his land through said water course as per warabandi fixed by the Irrigation Department. Various other pleas were also raised.