(1.) Defendant is the appellant, who after having lost before both the learned Courts below, has filed the instant appeal.
(2.) The parties shall be referred to as the 'plaintiff' and 'defendants’.
(3.) The plaintiff filed a suit for declaration with consequential relief of permanent and mandatory injunction on the ground that there existed a water channel over Khasra No. 49, measuring 5 Marlas. During the settlement, this Khasra No. 49 was amalgamated with Khasra Nos. 48 and 50 which were adjoining to it and thereby depicted by Khasra No. 462, as reflected in the jamabandi for the year 1986-87. It was averred that there existed a water channel over this land. It was further averred that earlier land comprised in Khasra Nos. 48, 49 and 50 was in the tenancy of the defendant and coming into force of H.P. Tenancy and Land Reforms Act, they have become owners thereof. The erstwhile owners of the land were Jawala Prasad and others. The plaintiff further averred that adjoining to this land, there was a land which was also owned by Jawala Prasad and it has now been shown as Khasra No. 48 and that was also in the tenancy of the plaintiff over which proprietary rights had been conferred upon him being tenant. However, 'kuhal' as it was existing on the spot, the plaintiff continued irrigating his land from the water coming from that water channel. The defendant, taking advantage of the entries made in the records of rights that is after getting Khasra No. 49 amalgamated with other khasra numbers by carving out new khasra numbers and deleting the entry of water channel, started obstructing flow of water and tried to stop the same, even though, he had no right, title or interest to do the same and thereby constrained the plaintiff to file the suit.