DIGVIJAY SINGH Vs. BHAGWAN SINGH

JUDGEMENT

(1.) THIS order shall dispose of two appeals being FAO No. 235 of 2005, titled as Digvijay Singh Vs. Bhagwan Singh and others and FAO No. 243 of 2005, titled as Baldev Singh Vs. Bhagwan Singh and others as they arise out of two virtually identical orders passed by the learned District Judge, Solan whereby he has allowed the applications for interim relief filed by the plaintiffs in the trial court and has restrained the defendant No.1 (appellant herein) from selling water from the suit land till disposal of the suit.

(2.) BRIEFLY stated the facts necessary for disposal of the present appeals are that Civil Suit No. 17-S/1 of 2005 and Civil Suit No. 20-S/1 of 2005 were filed by Bhagwan Singh and 54 other plaintiffs who were residents of Mauzas Ded, Mahi, Ghalie, Mahi, Jokhri, Srinagar, Dolang, Kadhar, against defendants Baldev Singh and Digvijay Singh, respectively. In both the suits Jai Parkash University of Information Technology and Hotel Destination Luxury Resort were arrayed as defendants No. 2 and 3. The allegations in both the plaints are similar. According to the plaintiffs they get water for drinking, both for humans and animals and for irrigation of their agricultural land from a water source system known as Kalaun Ki Kuhal. According to the plaintiffs this water system consists of three water sources, i.e. Kalaun Ki Kuhal, Shooli Ka Nullah and Chandi Ka Nullah. The plaintiffs alleged that they have customary rights which are recognized in the Wajib-UI-Urj of the villages and also find mention in the Riwazat Abpashi (irrigation by custom) and Riwazat Abnoshi (drinking water by custom). According to the plaintiffs, defendants Baldev Singh and Digvijay Singh only have a right to use the water of the said water system for drinking and irrigation purposes and cannot commercially exploit the water sources by selling water. The allegations made in the plaints are that the two main defendants, Baldev Singh and Digvijay Singh had constructed water storage tanks and had diverted the water from the Khuds by using polythene and rubber pipes which has diminished the flow of the water thus depriving the plaintiffs and other inhabitants of the villages from the adequate and proper supply of water. According to the plaintiffs, Baldev Singh and Digvijay Singh had also laid pipes so as to take water from storage tanks to the National Highway and there they were selling the water to defendants No. 2 and 3.

(3.) I have heard Mr.Bhupender Gupta, learned Senior counsel for Digvijay Singh and Mr.K.D.Sood, learned counsel for Baldev Singh as well as Mr.B.N.Misra and Mr. Bhupender Chaudhary, Advocates, appearing on behalf of the respondents.