PARKASH CHAND Vs. DHARAM CHAND

JUDGEMENT

(1.) The present appeal, at the instance of the plaintiffs, was admitted on the following substantial questions of law:

(2.) Appeal is directed against the judgment and decree dated 7th August, 1999 of learned District Judge, whereby, dismissing the appeal of the plaintiffs-appellants, judgment and decree dated 25th July, 1997 of the trial Court, dismissing the suit of the plaintiffs-appellants, has been affirmed.

(3.) The suit, out of which this appeal has arisen, was the third round of litigation between the parties. First round started with the institution of a suit in the year 1985 by the plaintiffs-appellants, seeking a declaration that they had exclusive right to irrigate their land by the water of a source, situated just outside their land, description of which ...4... was given in the plaint. They also prayed for permanent prohibitory injunction restraining the defendants- respondents from interfering in their exclusive right to irrigate their land from that water source and also from interfering in their irrigated land by digging any channel in that land, for carrying water to their land lying beyond the suit land.