STATE OF RAJASTHAN Vs. JANGIR KAUR

JUDGEMENT

(1.) This is an appeal under S. 100, C.P.C. by the defendants against judgments and decrees passed consecutively by two Courts below. The learned Court of Munsif vide its judgment and decree dated 8-1-1988 in Civil Suit No. 14/1987 has directed the defendants to supply 4 times water to the garden of plaintiff-respondent at Sri Karanpur for irrigation and the learned first appellate Court has affirmed the judgment and decree passed by the learned Munsif, Sri Karanpur vide its judgment and decree dated 20-11 -1991 in Civil Appeal No. Against order of Addl. District Judge No. 1, Sri Ganganagar in Civ. Apeal No. 2 of 1988, D/- 20-11-1991. 2/1988 State and others v. Jangir Kaur.

(2.) Brief facts of the case are that a suit was filed in the Court of Munsif and Judicial Magistrate, First Class, Sri Karanpur by Jangir Kaur, the widow of Late Dayal Singh, stating therein that in Killa Nos. 1 to 5 of Murabba No. 24, Chak No. 20-F there lies land of her husband who was expired, which has been entered in her name. It was further stated that the defendants Nos. 1 and 2 issued instructions for supplying 4 times water to the persons maintaining gardens in their lands and also assured verbally about it, so acting on their assurances the plaintiff invested a huge amount and putting hard labour started gardening in the land but water as assured was not supplied rather the same was discontinued.

(3.) Before the Court of Munsif, from the side of defendants, the SDO J. S. Saluja presented himself in the Court but no reply was filed on their behalf and ultimately the matter was heard ex parte and on 8-1-1988 judgment and decree was passed in Suit No. 14/87 in favour of the respondent-plaintiff. Against that, the appellant-defendants preferred an appeal before the Court of Addl. District Judge No. 1, Sri Ganganagar, which came to be registered as Civil Appeal No. 2/ 1988, and later on was dismissed on 20-11-1991 affirming the order of Munsif Court by the learned Addl. District Judge No. 1, Sri Ganganagar camp at Sri Karanpur.