RAM SARUP Vs. TARSEM LAL

JUDGEMENT

(1.) THIS appeal has been directed against the judgment, decree dated 21.11.1995 passed by learned Additional District Judge (1), Dharamshala Camp at Una, in Civil Appeal No. 39/92, RBT No. 206/94 affirming judgment, decree dated 29.2.1992 passed by learned Sub -Judge 1st Class (1), Una in case No. 84 of 1987.

(2.) THE facts, in brief, are that Faquir Chand, original plaintiff, filed a suit against Daulat Ram, Sukh Dev, Ram Sarup and Smt. Vidya Devi for permanent prohibitory injunction restraining them from removing the pump set or interfering in any manner in the right of the plaintiff to irrigate his land measuring 25 kanals 16 marlas from well and pump set situated in land measuring 8 marlas bearing Khasra No. 114R/29 vide Jamabandi 1981 -82 village Basal, Tehsil and District Una. Faquir Chand, original plaintiff, has died and his legal representatives have been brought on record.

(3.) THE suit was contested and a common written statement was filed by original defendants. It was submitted that plaintiff was lessee for fixed term and after the expiry of the lease the plaintiff ceased to have any interest in the suit property. The defendants were within their right to refuse the plaintiff to use the well. The plaintiff filed replication to the written statement. The learned trial Court after noticing Rule 36 of the H.P Tenancy and Land Reforms Rules, decreed the suit on 29.2.1992. Ram Sarup defendant No. 3 assailed the judgment, decree dated 29.2.1992 by way of appeal which was also dismissed by learned Additional District Judge on 21.11.1995. Ram Sarup has come up in second appeal against judgment, decree dated 21.11.1995. The appeal has been admitted on following substantial questions of law: