SADHU SINGH Vs. KAUR SINGH

JUDGEMENT

(1.) THE plaintiff has come up in regular second appeal against the judgment and decree of the First Appellate Court affirming in appeal those of the trial Judge, whereby his suit for issuance of permanent injunction to restrain the defendant-respondent from digging any water course or from restoring any water-course or from digging a water-course through the land measuring 22 kanals-8 marlas, comprising in Khasra No. 100/18, 19 and 23 situated at Barnala, was dismissed.

(2.) THE facts :the plaintiff- appellant (hereinafter, referred to as the plaintiff), filed a suit for perpetual injunction on the ground that there was no sanctioned water-course passing through the land in suit ; that the respondent-defendant (hereinafter, referred to as the defendant) wanted to dig a water-course through the land in suit forcibly with the unlawful help of Canal Authorities ; that in the previous suit, the defendant had taken a plea that the order dated October 13, 1972 of the Sub-Divisional Canal Officer was in his favour ; that he had got the watercourse restored pursuant to that order and the same had been demolished by the plaintiff that the suit was dismissed as withdrawn with permission to file a fresh suit; that, in fact no water-course existed in the land of the plaintiff ; that there was no order passed by the canal-authorities vide which a water-course had been sanctioned for the defendant through the land of the plaintiff and that the order, if any, was illegal.

(3.) THE defendant contested the suit on the ground that a watercourse was in-existence for taking canal water through his fields and had been demolished by the plaintiff ; that the same had been restored under the orders of the canal authorities with the police help ; that the plaintiff again demolished the water course ; that the plaintiff brought a suit for injunction on August 12, 1975 and the same was dismissed under order 9 rule 8 of the Code of Civil Procedure (hereinafter, referred to as the Code) and as such, the instant suit is barred.