JUDGMENT :

Sudhansu Jyoti Mukhopadhaya, J. –

Leave granted.

2. This appeal is directed against the judgment and decree dated 2nd May, 2008 passed by the High Court of Himachal Pradesh, Shimla in R.S.A. No.126 of 1996. By the impugned judgment and decree High Court reversed the concurrent finding of the Courts below and held that Section 36 (wrongly mentioned as Rule 36 in the impugned judgment) of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (hereinafter referred to as “the Act”) is applicable to tenancy land and not to the ownership land owned by a person, and therefore, not applicable to the appellants herein. The judgment and decree dated 21st November, 1995 passed by the learned Additional District Judge (1) Dharamshala Camp at Una in Civil Appeal No.39/92, RBT No.206/94 were set aside and the suit was dismissed.

3. The factual matrix of the case is that predecessor-in-interest of the appellants, Faqir Chand, the original plaintiff filed a suit against Daulat Ram, Sukh Dev, Ram Sarup and Smt. Vidya Devi for permanent injunction restraining them from removing the pump set or interfering, in any manner, with the right of the plaintiff to irrigate his land measuring 25 Kan