SWARAN SINGH Vs. GURMUKH SINGH AND OTHERS

JUDGEMENT

(1.) This plaintiff's revision is directed against the judgment dated January 22 nd , 2011 passed by Additional District Judge, Tarn Taran affirming the order dated September 1st, 2010 of Additional Civil Judge (Senior Division), Tarn Taran whereby application filed by the plaintiff under Order 39 Rules and 1 and 2 CPC was dismissed.

(2.) The parties shall be referred to as they were referred in the pleadings before the trial Court.

(3.) Swaran Singh-plaintiff filed a suit for permanent injunction seeking to restrain the defendants from using the canal water course bearing No.233 situated in village Palasaur Tehsil and District Tarn Taran. The plaintiff owns agriculture land shown in green colour in the site plan (Annexure P-3) on both sides of the canal. At point A shown in blue colour, defendants have installed a tubewell. The defendants wanted to use the canal to take their water from the tubewell to their fields shown at point B in blue colour through the canal water course as shown in the site plan (Annexure P-3).