SHIVESHWAR PRASAD SINHA, SHAMBHU PRASAD SINGH
Sarab Lall Jha – Appellant
Versus
Ucheshwar Jha – Respondent
Shambhu Prasad Singh, J.
1. This second appeal by some of the defendants arises out of a suit for a declaration that the plaintiffs and other raiyats having lands west and north-west of Plot No. 822 in village Ranga, Police Station Baunsi, in the District of Bhagalpur, have exclusive right to irrigate their lands from the water in the aforesaid plot and the defendants and other persons having lands east and north-east of Plot No. 820 have no right to take water from Plot No. 822 for irrigating their aforesaid lands, for permanent injunction against the defendants in their personal as well as representative capacity restraining them from taking any water from Plot No. 822 and for damages. The suit was instituted under Order 1, Rule 8 of the Code of Civil Procedure and the plain-tiffs sued and the defendants were sued in representative capacity.
2. Both Plot Nos. 822 and 820 are Danrs, i.e., artificial water channels. They get water from a river which runs east to west. They are situate to the southern side of that river and run towards north. Plot No. 821 separates them and is recorded as rasta. The artificial channel running in Plot No. 822 is called Ranga Danr and the othe
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