VIJAY KUMAR Vs. RATTAN CHAND

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellants against the judgment and decree passed by the learned District Judge, Kangra, dated 17.6.1997, vide which he reversed the judgment and decree of the learned Sub Judge, Court No. II, Kangra, dated 26.12.1996, vide which the suit of the appellants/plaintiffs was decreed for declaration and mandatory injunction.

(2.) BRIEFLY stated the facts of the case are that the appellants as plaintiffs filed a suit for declaration and mandatory injunction as against the respondents who were impleaded as defendants. It was alleged by the plaintiffs that they are owner in possession of the irrigated land as detailed in the plaint measuring 0 -38 -50 hectares and they have a right of irrigation through a water channel which passes on the middle line of Khasra Nos. 1229 and 1230 owned and possessed by the defendants. The plaintiffs alleged that they have been using the kuhal water since long and have a right to use it in future also and defendants cannot object to the user nor they can demolish the water channel existing in the suit land and as the defendants are threatening to demolish the water channel, hence the suit filed by the plaintiffs.

(3.) THE suit was tried by the learned trial Court, which held that there existed a water channel and as the defendants are obstructing and uprooting the said channel, the suit of the plaintiffs was decreed in full.