RAM DEV Vs. DHANI RAM

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed by the Appellant/Defendant under Section 100 Code of Civil Procedure against the judgment and decree of the Court of learned Additional District Judge, Solan, dated 6.10.2000, who had reversed the judgment and decree passed by the learned trial Court, dismissing the suit of the Plaintiff/Respondent.

(2.) BRIEFLY stated, the facts of the case are that Respondent No. 1 hereinafter also referred to as the Plaintiff filed a suit for declaration that he is one of the co -owners in exclusive possession of land comprised in Khasra No. 84 measuring 6 -15 Bighas. It was alleged that the suit land is irrigated and is recorded as such and it is being irrigated through a water source known as "water of Jabal". It was alleged that said Khasra No. 83/1 is owned and possessed by Defendants No. 1 to 3 and the water is being used by the Plaintiff for sowing of rice. The Plaintiff along with co - owners is exercising the right of irrigation since the time immemorial. The Defendants are threatening to obstruct flow of water flowing from portion of Khasra No. 83 and running through Kuhal. Hence, the suit for declaration filed by the Plaintiff.

(3.) ON the pleadings of the parties, the following issues were settled :