YESU SAKHARAM PUJARI Vs. LADU NANA SAVANT BHOSALE

JUDGEMENT

(1.) The second appeal No. 616 of 1925 arises out of a suit filed by the plaintiffs against the defendants complaining of the defendants having put up a certain dam in the stream called Redekond stream at the points A.B. The new dharan A B complained of is shown on the plan. The defendants apparently put up a dharan at A B and tried to divert water through the artificial channel in the south of the stream which is marked BCD E F G H I J. The plaintiffs apparently divert water from this natural stream at the dam L M which is lower down in this stream, and from the point M they take the water through an artificial channel which branches off in the north of the stream. It runs eastward and joins another channel called "Khulyachi Vali" in the north and then turns southward again towards the lands of the plaintiffs in that direction.

(2.) The defendants denied the plaintiffs right to prevent them from putting up the dam A B, which they said was old, and they also claimed the right to have certain water to go down the points L M towards the point K in another dam K N which is further lower down in the stream.

(3.) In the lower Court these rival contentions were considered ; and the trial Court found that the plaintiffs had been taking water at the point M from the natural stream through the artificial channel in the north, which I have described, that the dam A B was a new construction and that the artificial channel lower down from the point B said to have been constructed by the defendants was also a new structure. It was also found that it was the right of the plaintiffs to let such water near the point M down the stream as they considered desirable for the purposes of their lands further down the stream towards the south. The defendants contention with reference to this point was disallowed with the result that a declaration was granted that the plaintiffs had a right to maintain a dharan shown at L M on the map and to take water from it in a channel to be maintained by them, and a permanent injunction was issued restraining the defendants from doing certain acts calculated to affect the plaintiffs rights as mentioned in the plaint.