DHANNA Vs. MAKHAN DAS

JUDGEMENT

(1.) THESE two appeals by the defendants can be conveniently disposed of by a common judgment as they raise an identical question.

(2.) BOTH the suits out of which these two appeals arise were instituted by Bhagwandas, who died during the pendency of the suit and is now represented by his son Makhandas. His case was that he owned Khasra Nos. 460, 461 and 462 in village Machadi, District Alwar, and rain water coming down from the hills and the forests after passing through the fields of the defendants used to flow into his field so that the crop in is field was irrigated by this rain water. It was alleged that the defendants in both the cases constructed 'dolies' in their respective fields and thereby stopped the flow of rain water through their fields to the plaintiff's fields with the result that the plaintiff was deprived of the use of the rain water in respect of which he had acquired a right of prescriptive easement. It was, therefore, prayed that an injunction may be issued against the defendants for demolishing the 'dolies' constructed by them and for restraining them perpetually from stopping the flow of the rain water to the plaintiffs fields through their fields.