SOOBA Vs. GH MOHD

JUDGEMENT

(1.) THIS civil second appeal directed against the judgment and decree of the learned Distt. Judge, Poonch must be allowed on a very short point.

(2.) A suit for prohibitory injunction restraining the appellants -defendants from irrigating their land except land measuring 10 rnarlas out of Khasra No. 181, 15 marlas out of Khasra No. 158, and also prohibiting the defendants appellants from obstructing the plaintiffs -respondent from irrigating their land measuring 22 Kanals 17 marlas comprising Khasra No. 159 from a Spring in Khasra No. 180 situate at village Dharana tehsil Mandhar, has been filed by the plaintiff -respondants against the defendants appellants. The defendants -appellants resisted the suit on a number of grounds which it is not necessary to reproduce herein as a consequence of which the following four issues came to be framed by the trial court:

(3.) THE parties joined the issues and led evidence both oral as well as documentary in support of their respective cases. The trial court after weighing the entire evidence on the record came to the conclusion that the plaintiffs -respondents, were not entitled to the relief prayed for and dismissed the suit. Aggrieved by the judgment and decree of the trial court, the plaintiffs -respondents went in appeal before the District Judge, Poonch,who accepted the appeal and passed a decree in favour of the plaintiffs -respondents as prayed for by them. This appeal is directed against the aforesaid judgment of the learned District Judge at Poonch.