SULTAN SINGH Vs. RAM SARUP AND OTHERS

JUDGEMENT

(1.) Dismissal of application of the petitioner-plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 CPC filed by him alongwith the suit by the civil court as also by the first Appellate Authority, has brought the petitioner-plaintiff in this Court where supervisory powers of this Court under Article 227 of the Constitution of India have been invoked.

(2.) The matter pertains to a water course existing in the land of the petitioner-plaintiff. The petitioner-plaintiff claims such water course to be his personal one. Injunction was sought by him against the defendants that they should not construct the water course in the land of the plaintiff and should not use the existing water course as it was personal and private of the petitioner-plaintiff.

(3.) It is claimed that both the courts have recorded findings against him and thus have ignored the fact that the existent water-course being private one could not be allowed to be used by other landowners. It is also urged that no other water course can be allowed to be opened in the land of the petitioner-plaintiff for the use of neighbouring landowners.