LODHA, J.—The first and for a most point urged by the plaintiff appellant in this case is that Civil Court had no jurisdiction to entertain the suit. The question arises in the following circumstances.—

There is a well called Rambaba Wali Kothi bearing Khasra No. 376 having an area of 5 Biswas situated in village Bhartiya Khund, Tehsil Niwai, District Tonk, of which the plaintiff claims to be a Khatedar tenant. It was alleged by him that he and the defendants are related to each other, and, therefore, during the last settlement he had permitted the defendants to take water from the above wall for 4 days in a month in order to irrigate their land, but there was a definite understanding between the parties that the plaintiff would be at liberty to stop the defendants from drawing water from the well any time he liked. The plaintiff goes on to state that in accordance with this understanding the plaintiff stopped the defendants about 7 years before the filing of the suit and the defendants did not offer any resis-tence or opposition. It is further alleged that some time in the beginning of February 1959 the defendants forcibly started taking water from the well and the plaintiff offere

Click Here to Read the rest of this document