KASHI NATH SINGH Vs. NAWAB ALAM ARA BEGUM

JUDGEMENT

(1.) These analogous appeals arise out of various suits for contribution brought by the maliks towards the costs of construction of a bandh in Morhar for the years 1333, 1334 and 1335 Fasli. Appeals Nos. 1658, 1659 and 1660 of 1931 are by Rai Bahadur Kashi Nath Sinha who is concerned with the village Sowal; the other appeals Nos. 173, 174 and 175 of 1932 are by the Secretary of State for India in Council. There is a pyne called Dasain or Lao pyne connected with the river Morhar at Bajidpur. Each village has got a pyne connected with it for its irrigation according to the parabandi.

(2.) At the time of scarcity of rain a bandh is constructed in the river Morhar at Bajipur at the expense of the proprietors and possessors of the aforesaid villages through the help and supervision of the proprietors of the village Lao for the purpose of irrigating the lands of all the villages and thereby the level of the water in the river is raised and it proceeds through the Dasain or Lao pyne to villages in question and irrigates the lands appertaining to each village according to its parabandi.

(3.) There is a proposition laid down for the contribution of the costs by each village; but if any proprietor of a village does not take water for irrigation he has not to pay for the construction of the bandh and in that case his share is distributed among the proprietors of the remaining villages. The proprietors of village Lao have got to bear the largest share of the expenses, four out of twelve. The maliks of Lao have been raising the bandh on the river Morhar in order to divert water into the Dasain or Lao pyne. A suit for contribution had to be brought by them for recovery of costs for the year 1931. The suit was dismissed on full satisfaction against some of the defendants and decreed ex parte against the rest (Exs. 9 and 10). The Secretary of State for India was defendant 2 in that suit and entered into a compromise with the plaintiff (Ex. G) by which the claim was dismissed as against him on full satisfaction.