LEKH RAM Vs. GIAN DEL

JUDGEMENT

(1.) This Regular Second Appeal has been filed by the defendants against the judgments and decrees of the Courts below, whereby the suit filed by the plaintiffs was decreed by the trial Court and the appeal filed by the defendants was dismissed by the learned Additional District Judge.

(2.) The facts which are relevant for the decision of the present appeal are that the plaintiffs had filed a suit for permanent injunction, claiming themselves to be the! co -owners in joint possession of the land measuring 18 Biswas, alongwith proforma defendants and that the contesting defendants were the owners of the adjoining land and had not right, title or interest over the suit land. It was further alleged that the contesting defendants had diverted the flow of the water towards the house of the plaintiffs, as a result of which the house was damaged. It was accordingly prayed that the contesting defendants be restrained from throwing water of their land in the land of the plaintiffs and proforma defendants.

(3.) The suit was contested by the contesting defendants by filling written statement. It was admitted by the defendants that they were owners in possession of the land adjoining the suit land. However, it was denied that they had diverted the flow of the water of their land towards the suit land. On the other, it was pleaded that the water of the land was flowing for the last 50 years and there was no new diversion by the defendants at the spot. It was also denied that any damage had been caused to the house of the plaintiffs. On the other hand, it was pleaded that the plaintiffs had filed the present suit only to harass the contesting defendants and to grab their land.