SECRETARY PWD AND OTHERS Vs. DINANATH & ANOTHER

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree passed by learned Additional District Judge, Mandi, whereby he reversed the judgment and decree passed by learned Senior Sub Judge, Mandi and decreed the suit of the plaintiffs/respondents (herein after referred to as the respondents).

(2.) The respondents filed a suit for damages alleged to have been caused to two cow sheds and their landed property due to soil erosion from the drain constructed by the defendants/appellants (herein after referred to as the appellants). The respondents were joint owners of land comprised in Khewat/Khatauni No. 102min/132min, Khasra No. 718/131, measuring 12-4-10 bighas situated in Mauja Kasaria/199, Ill.Balh, Tehsil Sadar, District Mandi, H.P. According to the respondents there was road known as Ratti-Pairi road comprising in Khasra No. 716/131. They had constructed two cow sheds over Khasra No. 718/131/2, measuring 0-1-8 bigha and over Khasra No. 132/1, measuring 0-1-8 bighas, which were valued more than Rs. 70,000/-. The land was on the lower level from the road. The appellants after constructing the road over Khasra No. 713/13 had not made any proper arrangement for the drain and rain water and they diverted the flow of the water of the road over Khasra No. 718/131 and 132 (herein after referred to as suit land). The entire rainy water of the road flowed over the land of the respondents, as a result of which considerable portion of Khasra No. 718/131 had been converted into Gair Mumkin Nali and the remaining land was also going to be washed away due to soil erosion. The cow shed of the respondents had also been damaged due to the rainy water thrown by the appellants and cracks had developed in the entire structure. The respondents had suffered substantial loss due to the rainy water of the road, the flow of which had been converted by the PWD workers on the land of the respondents. The respondents had made several verbal as well as written representations to the appellants No. 1 to 3 and their subordinate officials not to throw the drain water of the road towards the land of the respondents, but the appellants had not taken any action and due to the negligence on the part of the appellants and their subordinate officials, the respondents had suffered loss of more than Rs. 1,00,000/-, but the respondents have restricted their claim to the tune of Rs. 55,000/- as damages.

(3.) The suit was resisted and contested by appellants by filing written statement, wherein preliminary objections regarding cause of action, limitation, valuation, maintainability and jurisdiction have been taken.