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1966 Supreme(All) 155

S.N.KATJU
Maharaj Singh – Appellant
Versus
Baljit Singh – Respondent


Advocates:
K.C. Agarwal, for Appellant; Shanti Bhushan, for Respondent.

JUDGMENT :- These are four Appeals arising out of a dispute between the parties with respect to five Parnalas.

2. Admittedly the water from the Parnalas flows from the house of Maharaj Singh and falls down on the land which now admittedly belongs to Baljit Singh, Maharaj Singh instituted Suit No. 669 of 1968 claiming an injunction restraining Baljit Singh from interfering with his right to flow water from the aforesaid Parnalas. It has given rise to Second Appeals Nos. 3786 and 3788 of 1960. Baljit Singh instituted Suit No. 744 of 1958. He asked for an injunction restraining Maharaj Singh from interfering with his right to obstruct the flow of water falling from the Parnalas in dispute. It has given rise to Second Appeals Nos. 3785 and 3787 of 1960.

3. The trial court held that Maharaj Singh was entitled to flow water from two Parnalas and dismissed the rest of the claim of Maharaj Singh. It also dismissed Baljit Singh's claim with regard to the Parnalas for which Maharaj Singh's claim had been allowed. Both the parties preferred appeals before the lower appellate court. It allowed the appeals preferred by Baljit Singh and dismissed the appeals filed by Maharaj Singh. The result was










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