MT ISHAR KAUR Vs. HARNAM SINGH

JUDGEMENT

(1.) An interesting point of law involved in this revision petition. By a registered document dated 23rd Magh 1998, Harnam Singh Plaintiff sold 8 bighas 18 biswas of his agricultural land with all appurtenant rights including the one to receive canal water for three hours to Mt. Ishar Kaur for Rs. 700. The alienee, by virtue of the sale and the rights acquired under it stapped into the shoes of the alienor and began to irrigate her fields with canal water for over two hours and this she did uninterrupted for five years. Harnam Singh brought the present suit on 7-4-2004 for an in-junction restraining her from using canal water for more than 24 minutes, the period which would have been ordinarily allotable to the area that had been transferred to her. The suit was resisted with the plea that the Plaintiff at the time of sale, had represented that he was entitled to use water for three hours and that that right had been transferred along with the land. The Courts below have in view of the provisions of Sub-clause (e) of Section 32, Northern India Canal and Drainage Act (III [3] of 1873) granted him a declaration that the contract regarding transfer of waiter was void ab initio and was therefore, not binding upon him even to the extent of 24 minutes which the Plaintiff had himself admitted to be due to Ishar Kaur. The learned Counsel of the Defendant has urged that this view of the law is erroneous and untenable Sub-clause (e) of Section 32 runs as under: