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1906 Supreme(Cal) 205

Belbhadar Pershad Singh – Appellant
Versus
Sheikh Barkat Ali – Respondent


JUDGMENT

Rampini, J. - The facts of the case out of which this appeal arises have been set forth in very great detail in the judgment of the Subordinate Judge and also in that of the District Judge. It is therefore unnecessary for me to recapitulate them. It is sufficient for me to say here that the Plaintiffs claim a right to irrigate the lands of their mouzah Amaon by the waters of a natural stream named the Bhutahinala which rises in the hills which surround a tract of country, called the Bhitriband and issuing by the north from this tract, flows to the east and then bifurcates, one branch flowing due east to the Defendant's mouzah Baraon and the other north-cast to the Plaintiffs' mouzah Amaon. The Defendant has recently erected a dam across a branch of this Bhutahinala inside the area Bhitriband which has had the effect of stopping the flow of water in the Bhutahinala, if not of entirely effacing it. The Plaintiffs sue for the removal of this dam and pray for a perpetual injunction prohibiting the Defendant from interfering with the flow of the water of the nala The Subordinate Judge held that the Plaintiffs were entitled to this relief both as a natural right and as an easemen

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