JUDGMENT :

JYOTSNA REWAL DUA, J.

1. Decree of permanent prohibitory & mandatory injunction granted in favour of the plaintiff by the learned Trial Court was affirmed by the learned First Appellate Court with slight modification in the relief clause. Aggrieved, the legal heirs of original defendant have filed this second appeal.

2. Facts:

(i) Civil Suit was instituted by One Narad Ram. He prayed for decree of permanent prohibitory injunction against the defendant Budhu Ram. The suit land was Khasra Nos. 54 and 52 situated in Mohal and Mouja Bundla, Tehsil Palampur, District Kangra, H.P. The case of the plaintiff was that:

(a) Khasra No. 54 land measuring 0-03-37 hectares is entered in ownership of State of Himachal Pradesh and in the possession of ‘Aab Pash Kunindgan’. Plaintiff is a ‘Bartandaran’ of Mohal and Mouja Bundla. Khasra No. 54 is ‘Gair Mumkin Kuhl’ (water channel). The plaintiff has got right to irrigate his land from the water of said ‘Kuhl’. The defendant is also ‘Bartandaran’ of the Mohal and Mouja Bundla. He has also got right of irrigation through the suit land but he has no right to raise construction on the suit land or to block the ‘Kuhl’ by raising structure thereupon