LAGANDEO PROSAD SINGH; GAJADHAR PROSHAD SINGH AND ON HIS DEATH HIS HEIRS AND LEGAL REPRESENTATIVE VAIDESWARI PRASAD SINGH Vs. DGREID; DJREID

JUDGEMENT

(1.) In this case Mr. Ghoae s clients, the Zemindars of Bewasi, are asking for leave to appeal to His Majesty in Council against three decrees which were made by the High Court, one made in suit No. 114 in which the Rewasi Zemindars were the plaintiffs and the other two were made in suit No. 141 in which the defendants in suit No. 114 were the plaintiffs and the plaintiffs in No. 114 were the defendants.

(2.) In suit No. 114 the plaintiffs asked for a declaration of their rights to put a dam across a certain river and for damages against the defendants for interfering with the dam. That suit was dismissed in the Court of first instance. There was an appeal to the High Court against the decree of the Court of first instance and that appeal was dismissed in toto.

(3.) In suit No. 141 the plaintiffs were asking for a declaration that the plaintiffs as riparian owners were entitled to have the use of the water of the river unimpeded by the erection of the dam, and further asked for damages alleged to have been sustained by them in consequence of the erection, The Court of first instance decreed the plaintiffs suit in part and granted the declaration asked for, but it dismissed the plaintiffs claim for damages. Both sides appealed to the High Court in suit No. 141 and there were two decrees drawn up. One decree dismissed the defendants appeal in toto and the other decree modified the decree of the lower Court to this extent: The High Court confirmed the decision of the lower Court so far as the declaration was concerned, but it overruled the decision of the lower Court in respect of the claim for damages and it held that the plaintiffs were entitled to Rs. 5,000 as damages, and consequently awarded the plaintiff Rs. 5,000.