SULLA DAR Vs. SHABAN DAR

JUDGEMENT

(1.) THIS is a revision application directed against the order of the Additional District Judge, Srinagar, dated 7 -6 -1971 whereby he dismissed an appeal preferred against an order passed by the Sub -Judge (Judge Small Causes Court) Srinagar. dated 22 -5 -1971.

(2.) THE brief facts leading to the present revision application are that the respondents. Shaban Dar and others, brought a suit under Order 1 Rule 8 of the Code of Civil Procedure against the petitioners for declaration and permanent injunction wherein it was prayed that the respondents, according to Ravaj Abpashi framed by the Second Settlement and according to Ancient Custom, were entitled to get water from Baba Kohl from village Utterwani Tehsil Badgam for irrigating lands of villages Tanki -pora, Beedan, Chowderi Bagh, Check Kali Khan Tehsil Badgam and the defendants be restrained from interfering with this right of the plaintiffs -respondents. The plaintiffs prayed for a temporary injunction. After some proceedings before the trial court, the Sub -Judge, Malik Sharif -ud -Din, granted an injunction directing the defendants that they should not in any way interfere with the flow of water into the Baba Kohl and they should not interfere with the rights of the plaintiffs to irrigate their lands through the Baba Kohl in terms of the Amendment Settlement Records which are on the file. He further directed the Executive Engineer Irrigation Division to regulate the flow of water according to the rules made in Settlement Record. Dis ­satisfied with this order of the Sub -Judge, the petitioners went up in appeal before the District Judge, Srinagar, which appeal was heard by the Additional District Judge, Srinagar, who dismissed the same by means of his order dated 22 -5 -1971 as already indicated; hence this revision application.

(3.) I have heard elaborate arguments of the learned counsel appearing for the petitioners.