ABUL BASHAR SOWDAGAR Vs. BACHA MEAH

JUDGEMENT

(1.) This Rule was issued on an application for revision filed by the plaintiffs under section 115(1) of the Code of Civil Procedure (the Code) against judgment and decree dated 30-7-1987 passed by the learned Subordinate Judge, 1st Commercial Court, Chittagong in Other Class Appeal No. 582 of 1984 allowing the appeal and thereby reversing judgment and decree dated 6-8-1984 passed by the then learned Munsif, Fatickhari, Chittagong in Other Class Suit No. 2 of 1982 decreeing the suit for permanent injunction instituted in the representative character.

(2.) The plaintiffs instituted Other Class Suit No. 2 of 1982, in the Court of Assistant Judge, Fatikchari, Chittagong for permanent injunction restraining defendant Nos. 1-11 from passing any scheme or from giving effect to the same for blocking the stream of Balukhali khal or its feeding canals at Chandpur Mouza and from diverting course of the khal in any way to foil the plaintiffs' scheme at Shailkopa on RS plot Nos. 4109 and 96 corresponding to RS plot No.49.

(3.) The case of the plaintiffs, in a nutshell, is that they are the inhabitants of Sailakupa Mouza and have cultivable lands at Sailakupa. There are about 336.52 acres of cultivable lands in Sailakupa which is a low-lying area. At the request of the people of this area, the Government allowed construction of a dam across the Balukali khal at Sailakupa by taking up a scheme. As a result, the people of Chandpur Mouza out of enmity in collusion with defendant Nos. 1-11 have been trying to construct a dam at Chandpur Mouza, which is in the upstream of Balukhali khal. If the defendants construct such a dam in the upstream of Balukali khal or take such a scheme for construction of dam in the-upstream, the people of Sailokupa Mouza will suffer irreparable injury during rainy season. Therefore, the plaintiffs were constrained to file the suit.