MAWASI Vs. RAM RIKH

JUDGEMENT

(1.) This is a second appeal from the judgment and decree of the learned Senior Subordinate Judge who upheld dismissal of the plaintiff's suit by the trial Court.

(2.) Mawasi, Sukh Lal and Giani sons of Rakha lodged the present action for grant of a perpetual induction restraining the defendants from obstructing them in the installation of an electric pumping set wrongly described as tube well on the Bagriwala well situated in village Kanha, tehsil and district Gurgaon. They alleged that the well where they intended installing the electric pumping set for drawing water for irrigation purposes belonged to them and as such the defendants who represented the Harijans had no right to stop them from doing so. The defendants denied the plaintiff's ownership of the well who by a compromise are alleged to have undertaken not to install an electric pumping set thereon.

(3.) The plaintiffs in their replication did not admit having entered into any compromise giving the opposite side to understand that no such pumping set would be installed, and further added that the compromise even if proved was effected under undue influence and so not binding on them.