JAMNI SAHAI Vs. BHAGWAN SAHAI

JUDGEMENT

(1.) THIS is a plaintiff's second appeal arising out of a suit for issuance of a perpetual injunction against the respondents directing them not to obstruct the flow of the natural and artificial water falling from the plaintiff's spouts 'ka' and 'kha' through the land marked ECD in the plan Ex. 1 annexed with the plaint. It was also prayed that the defendants Nos. 1 to 3 may be directed to remove the obstruction to the flow of the water created at the place marked 'x' in the plan.

(2.) THE houses of the plaintiff and the defendants Nos. 1 to 3 are situated opposite to each other in village Dasod, Tehsil Behror. It was alleged by the plaintiff that he had been passing natural and artificial water through the spouts marked 'ka' and Kha' from his house through the land marked ECD in front of the house of the defendants Nos. 1 to 3, for more than 20 years, and that on 18-1-1957 the defendants Nos. 1 to 3 bad diverted the flow of water towards the opposite direction by raising the level of the lane at point 'x' which they had no right to do. On these allegations the plaintiff prayed for the relief mentioned above the Sarpanch, Gram Panchayat, Dasod was also impleaded as a defendant in the case on the objection of the defendants Nos. 1 to 3. After recording the evidence produced by the parties, the learned Munsiff, Behror decreed the plaintiff's suit as prayed. Aggrieved by the judgment and decree of the learned Munsiff the defendants filed appeal which was allowed by the Civil Judge, Alwar and the plaintiff's suit was dismissed. Consequently the plaintiff has come in second appeal to this Court.