JAGMAL Vs. DEVILAL

JUDGEMENT

(1.) THIS is an appeal by plaintiff Jagmal against the appellate decree of the Civil Judge, Ganganagar dated April 11, 1977 dismissing his appeal against the decree of Munsif Suratgarh passed in Civil Suit No. 1 of 1970 on April 20, 1972 whereby his suit for permanent injunction was dismissed.

(2.) FACTS in brief are that in his" above suit he alleged that he was maru-sidar of agricultural lands located in Chak No. 24 JRK Sq. No. 246 Stone Nos. 23 to 27 measuring 10 Bigas. His said agricultural fields were irrigated through sanctioned water course passing through stone Nos. 23 to 26 for last 18 years. Smt. Rama wife of Ramkaran and Smt. Sajna wife of Devi Lal had purchased land comprised in Square Nos. 23/247 and 25/247 in an auction conducted by Colonisation Department. It was alleged that Ramkaran, who was impleaded as defendant in the suit, made an application to Executive Engineer, Pilibanga Division, Hanumangarh that the existing water course passing through Sq. Nos. 24/247, 25/247 and 26/247 may be altered and may be passed through the agricultural lands of the plaintiff The Executive Engineer sent his proposals to the Collector Ganganagar in this regard and the same were accepted by the Collector on October 23,1969. The plaintiff challenged the recommendations of the Executive Engineer Hanumangarh and the order of the Collector Ganganagar dated October 23,1969 on various grounds enumerated in para 5 of the plaint. The plaintiff prayed that a permanent injunction may be issued against Ramkaran and State of Rajasthan restraining them from shifting the existing sanctioned water course to his agricultural lands.

(3.) IT may be stated at the out-set that it was alleged by the plaintiff that Sq. No. 23/247 and 24/247 had been purchased in court auction by Smt. Pema and Smt. Sajna who were respectively wife and son's wife of Ramkaran, Ramkaran had also pleaded in his written statement that the lands comprised in this square had been purchased in the names of Smt. Pema and Smt, Sajna. Thus it was an admitted position that Sq. No. 23/247 and 24/247 through which the existing water courses passed were in the Khatedari of Smt. Pema and Smt. Sajna. Mutation entries were also produced in this respect which go to show that mutation was sanctioned in favour of Smt. Pema and Smt. Sajna. The sanctioned water courses therefore clearly passed through the agricultural fields which belonged to these two ladies.