BUDH RAM Vs. EXECUTIVE ENGINEER AND ANOTHER

JUDGEMENT

(1.) C.M. No.164-C of 2017

(2.) The regular second appeal is directed against the judgment and decree dated 31.05.2016 whereby the judgment and decree dated 24.03.2014 decreeing the suit has been set aside, in essence, suit of the plaintiff has been dismissed.

(3.) The appellant-plaintiff instituted the suit for permanent injunction against the defendants from digging/constructing any drain/channel for carrying/passing water in or over or through or otherwise interfering into the actual and proprietary possession of the plaintiff in any manner over plot No.5 forming part and carved out of land measuring 3 kanals 16 marlas comprised in Khewat No.117 Khasra No.29///1/2 situated within the abadi deh of village Malakpur-Khadar, Tehsil Chhachhrauli, District Yamuna Nagar on the premise that he constructed a Chhan and planted about 50/60 trees of various kinds like poplar, eucalyptus, guava and papaya etc. The suit land was being used for the purpose of residential, domestic and tethering cattles. The defendants in collusion with each other were proposing and threatening to forcibly dig a drain/channel in the suit property for carrying/passing water into the bara bearing khasra numbers ibid. The ownership and possession of the plaintiff not only supported by revenue records but also by the judgment and decree dated 02.09.2004 rendered by the lower Appellate Court, Jagadhari. The suit property was neither acquired by the Government for irrigation scheme nor any such irrigation scheme was framed or sanctioned, thus, cause of action arose to file the aforementioned suit against the Executive Engineer, Water Services Division Haryana Irrigation, Dadupur Head, Tehsil Chhachhrauli, District Yamuna Nagar.