PAKHAR SINGH Vs. ACHHRA SINGH

JUDGEMENT

(1.) The defendant is in revision petition aggrieved against the order passed by both the courts below where the defendants were restrained from creating any hindrance in the free flow of rainy water through the disputed Nala Sem by way of cultivation or otherwise.

(2.) The dispute between the parties is regarding Khasra No.21. As per the plaintiffs the said Khasra was reserved during consolidation for Nala Sem but the defendants have alleged that they have right to use the said Khasra number on the basis of sale in their favour about 40 years ago.

(3.) It has been found by both the Courts below that Khasra No.21 is, in fact, reflected as that of Nala Sem and therefore, the defendants cannot raise any obstruction in the user of the said area for the purposes of Nala Sem made for the common use of the residents.