SARDAR MOHAMMAD Vs. HOSYARA

JUDGEMENT

(1.) This is a revision petition under Para 35 (1) of the Himachal Pradesh (Courts) Order, 1948 (hereinafter referred to as "the Courts Order"). It is not in dispute that the revision petition is to be heard and decided under clause (a) of the said para which confers the power and jurisdiction upon this Court to call for the record of any case which has been decided by a subordinate civil court and in which no appeal lies, if such court appears to have : (a) exercised a jurisdiction not vested in it by law or (b) to have failed to exercise a jurisdiction so vested or (c) to have acted in the exercise of its jurisdiction with material irregularity.

(2.) The petitioner is original defendant No. 1, the first respondent is original plaintiff and respondents No. 2 and 3 are original proforma defendants No. 2 and

(3.) The suit out of which the revision petition arises was filed by the first respondent alleging substantially that be was the owner in possession of Khasra No. 35, which is situate just below Khasra No. 39 owned arid possessed by the petitioner, that both these pieces or parcels of agricultural land (hereinafter called fields") are Dhaniawal and were irrigated with the water of Sameyee Kuhal and that his field used to be irrigated with such water after it overflowed from the field of the petitioner. According to the first respondent, the petitioner was previously arising paddy crop in the field but, of late, he had started raising maize crop with the result that the overflow of Kuhal water from his field into his own field (the first respondents field) had ceased and in that manner the irrigation facility had been discontinued. The relief claimed by the first respondent was in the form of a permanent prohibitory injunction restraining the petitioner from preventing him (the first respondent) from irrigating his field with the water of Sameyee Kuhal overflowing as aforesaid and in the form of a mandatory injunction directing the petitioner to let the water of Sameyee Kuhal overflow from his field into the field of the first respondent.