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2010 Supreme(P&H) 2502

MEHINDER SINGH SULLAR
Bahadar – Appellant
Versus
Partap – Respondent


Judgment

Mehinder Singh Sullar, J.

1. The conspectus of the facts, relevant for a limited purpose of deciding the core controversy involved in the present appeal and emanating from the record, is that Partap and Suresh sons of Birma Ram respondent-plaintiffs (hereinafter to be referred as "the plaintiffs") filed the suit for a decree of permanent, mandatory and prohibitory injunction restraining Bahadar and others appellant-defendants (hereinafter to be referred as "the defendants") from creating any hurdle by filling earth etc. and from forcefully demolishing the watercourse existing on the northern boundary (dole) of the land depicted in the plaint.

2. The case set up by the plaintiffs, in brief, in so far as relevant, was that they and other co-sharers are irrigating their land as per arrangement (warabandi No.52) on outlet No.RD 11890-L Banmandori Minor through the sanctioned watercourse existing on the northern side of the boundary of the indicated land. Thereafter, they are irrigating their land through this watercourse, vide warabandi at Serial No.36 re-scheduled on 23.3.2004, but the defendants threatened to demolish it, without any legal right. The sanctioned watercourse in
















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