HARI RAM Vs. THAKAR DWARA JEE MAHARAJ

JUDGEMENT

(1.) PLAINTIFF-APPELLANT has come up in regular second appeal against the judgment and decree of the First Appellate Court affirming on appeal those of the trial Judge dismissing the suit for declaration that he is entitled to irrigate his land from the disputed well.

(2.) THE facts :-The plaintiff-appellant (herein-after, referred to as the plaintiff) is owner of the land bearing khasra No. 227, situated in the revenue estate of village Khera Bagh ; that a well existed in the land bearing Khasra No. 223 ; that the said well had been sunk since the times immemorial by some Maharajni for public purpose ; that the total area of the land comprised in khasra No. 227 is 13 kanals 11 marlas and out of this, 6 kanals 11 marlas was receiving, irrigation through the well, the remaining was Ghair Mumkin abadi ; that the plaintiff and his fore-fathers had been irrigating the said and by drawing water from the disputed well, first by means of Charas and thereafter, by installing persian wheel ; that the plaintiff installed a tubewell in the well and has been irrigating the land by means of the tubewell installed in that well ; that the plaintiff and his predecessors have been peacefully and without any interruption irrigating their land ; that they had acquired a right of easement by prescription to irrigate the land from the disputed well and that Thakar Dewar Jee Maharaj, defendant No. 1, obstructed the plaintiff from irrigating the land by means of a tubewell.

(3.) DEFENDANT No. 1 denied the allegations made in the plaint and also pleaded that the plaintiff had no locus standi to file the suit.