Hon'ble SATHASIVAM, J.—These appeals arise from the final judgment and order dated 14.10.2003 passed by the High Court of Judicature for Rajasthan at Jodhpur in D.B. Civil Special Appeal (W) No. 270 of 2002 and D.B. Cross Objection No. 1 of 2003 wherein the appeal filed by the appellants herein was dismissed and the cross objection filed by the respondents was allowed by the High Court.

2. Brief facts:

(a) On 12.10.1941, respondent No.1 and his brother Pusa Ram (since expired)-his legal representatives are on record, were granted ‘Bapi Patta’ No. 14 for agricultural land measuring about 603.16 bighas in Village Gevan, Tehsil Jodhpur by the then Jodhpur Government. As the land in question was part of the catchment area of the feeder canal of Kaliberi canal and stone slabs which were constructed by the respondents were obstructing the flow of water, on 19.07.1942, at the request of the Public Health and Engineering Department (in short “the PHED”), Jodhpur Government cancelled the patta and removed the stone slabs.

(b) On 05.09.1945, the respondents claimed compensation of Rs.37,826/- for the loss of their land and stone slabs. On 14.06.1949, the State Government made payment of Rs.9,37

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