Judgment

SARKAR, J. :- I agree with the orders proposed by my brother Hidayatullah.

2. These appeals arise out of a suit brought by a firm called the Modern Cultivator against the State of Punjab to recover damages for loss suffered by flooding of its lands as a result of a branch in a canal belonging to the State of Punjab. Both the Courts below have held in favour of the plaintiff but the High Court reduced the amount of the damages awarded by the trial Court. Both parties have appealed to this Court. The Modern Cultivators contend that the High Court is in error in reducing the amount of the damages. The State of Punjab contends that it had no liability for the loss caused by the flooding. The breach and the flooding of the plaintiff s lands are not now denied.

3. In regard to the appeal by the Modern cultivators I have nothing to add to what has been said by Hidayatullah J. For the reasons mentioned by him I agree that the damages had been correctly assessed by the trial Court.

4. In its appeal the State of Punjab first contended that the plaintiff could not succeed as it had failed to prove that the breach had been caused by the defendant s negligence. I am unable to accept this c