HAJI AHAD PANDITH Vs. MEHDA KHAN

JUDGEMENT

(1.) THE dispute in this case is as to the rights of the parties over he waters of two springs called ËœDinaghâ„¢ and ËœFrestnaghâ„¢ situated in village Katibugh, Tehsil Baramulla.

(2.) THE plaintiffs are the owners of land in village Nangarpora, Maghama, Tehsil Baramulla. The defendants are such owners in village Katibugh. The plaintiffs filed a suit on 17 -9 -1962 against the defendants for a declaration of their right to have their lands irrigated from the waters of these two springs on every fifth day in a cycle of five days and for perpetual injunction.

(3.) BRIEFLY put, the case of the plaintiffs is that from times long past their lands are being irrigated on every fifth day in a cycle of five days, by the waters flowing from these springs, adding that in the year 1956 the defendants stopped the supply of these waters to the plaintiffs giving rise to a dispute between them which, it is further added, was finally resolved before the then Assistant Governor by the parties entering into a compromise whereby the defendants acknowledged and accepted the aforementioned practice as a rule for division of these waters between the parties. It is averred that the defendants are estopped from resiling from this agreement. The defence is that the plaintiffs have no right to the waters spouting from the two springs which, it is pleaded, were always used by the defendants for irrigation purposes without in any way sharing them with the plaintiffs. It is denied that the plaintiffs have ever used the waters of these springs or that there was any previous arrangement as regards their division between the parties.