LAWS(HPH)-1990-9-44

KANHIYA Vs. GAURI AND ORS.

Decided On September 14, 1990
KANHIYA Appellant
V/S
Gauri And Ors. Respondents

JUDGEMENT

(1.) The Defendant -Appellant has preferred this appeal against the judgment and decree passed on 14th September, 1979 by the Additional District Judge, Mandi allowing the appeal of Plaintiffs/Respondents and thereby reversing the judgment of the Subordinate Judge, Sunder nagar dated 31st of May, 1976.

(2.) On 27th February, 1973, a suit was instituted by the Plaintiffs/Respondents seeking a decree for mandatory injunction directing Defendant Appellant to close the water channel taken by him from his Gharat located in Khasra No. 217 to his second Gharat located in Khasra No. 177 due to which it was alleged that flow of water to the Gharat of Plaintiffs located in Khasra No. 33 which was alleged to have been available since the last 14 years had stopped since 19th June, 1972 and the prayer was made for directing the Defendant to restore the same in its original condition and further restraining the Defendant not to stop the flow of water coming to the Gharat of the Plaintiffs and for recovery of damages suffered by the Plaintiffs due to the acts of Defendant.

(3.) Suit was contested by the Defendant who denied that the Plaintiffs had acquired any right in the water of the water channel feeding his two Gharats which the Defendant had alleged to be in existence for the last 16 years and it was denied that Gharat of Plaintiffs was being fed with water of water channel in question for the last 14 years. It was specifically pleaded that the Plaintiffs had no cause of action.