LAWS(PVC)-1920-2-132

SHIDRAMAPPA MARIAPPA MANVI Vs. MAHOMED YUSAF IMAMDINSAB

Decided On February 15, 1920
SHIDRAMAPPA MARIAPPA MANVI Appellant
V/S
MAHOMED YUSAF IMAMDINSAB Respondents

JUDGEMENT

(1.) The plaintiff alleged that a stream passed between his Survey Nos. 638 and 639 in Gadag and the defendants lands to the south ; that a road passed to the east of the parties lands; that the water from the lands beyond that road belonging to the Acharyas of Annigeri and Sortur alone passed to the stream and none else; that a portion of the rain-water from the lands to the east of defendants lands passed into the defendants lands by certain passages shown in the sketch, Exhibit 62; that the defendants dug earth from the road and stopped the passages, with the result that the water in the stream was thereby increased and washed away the banks on the plaintiff s side and caused him damage.

(2.) The lower Court granted the plaintiff a decree directing the defendants to restore the plaintiff s land to the extent to which . it had been washed away as marked in Exhibit 63 in red pencil, and to plant kalnars or devubalis there to prevent further washing away of the plaintiff s land. The Court refused to grant an injunction against the defendants, but stated that if the plaintiff found that any other portion of his land was washed away, he might take steps in execution of this decree, to ascertain what portion was washed away and to get it restored. There were various other directions in the order.

(3.) Both parties objected to the decree, but in first appeal the Assistant Judge confirmed the decree of the lower Court. Even now the plaintiff is not satisfied with what he has got, while the defendants have filed cross-objections, and maintain that the lower Court ought to have dismissed the plaintiff s suit.