JANAKDEO SINGH Vs. DEORAJ SINGH

JUDGEMENT

(1.) Defendants 3, 4 and 8, who are minors, are appellants in this appeal. The plaintiffs filed a suit under Order 1, Rule 8 of the Code of Civil Procedure, claiming that the defendants had made encroachment upon survey plot No. 548 which was used as reservoir of water for irrigation of the lands of the plaintiffs and other villagers. The plot in question was recorded as Gair Mazarua Am and was a ditch in which water used to accumulate. According to the plaintiffs they had right of irrigation from plot No. 548, their lands being situated in the proximity of the plot. Other villagers, as already stated, according to the plaintiffs, had also right of irrigation. The encroachment by the defendants is said to have been made in May, 1958.

(2.) According to the defence, the plot in question was not a reservoir or source of irrigation as alleged by the plaintiffs. The defendants claimed to have obtained settlement from the landlord about 25 years ago. They further claimed to have dug well and planted trees and they claimed to have installed Lord Shiva and Goraiya Baba in a portion of the plot. The defendants further claimed that tie suit was barred by limitation.

(3.) The trial Court dismissed the suit. On appeal the suit has been decreed.