JUDGMENT

Satish Chandra, J. - This is a Defendants' appeal, which has been referred by a learned Single Judge to a Bench because he felt that the decision of Capoor, J. in Fattan v. Balli 1964 AWR 594 required reconsideration.

2. The Plaintiffs-Respondents brought a suit for an injunction restraining the Defendants-Appellants from interfering with the Plaintiffs' rights in irrigating their plots from the well situate in plot No. 597.

3. It is admitted between the parties that plot No. 597 with this well was previously under the tenancy of the Plaintiffs. In the Consolidation scheme, this plot along with the well was allotted to the chak of the Defendants. The Defendant paid a sum of Rs. 1,000/- as compensation for the well to the Plaintiffs. After taking possession of their allotted chak, the Plaintiffs claimed a right to irrigate their plots from the well situate in plot No. 597. The Defendants, however, did not permit them to do so. Hence the suit. The suit was contested on the ground that the Civil Court had no jurisdiction to try it as well as on the merits by contesting the Plaintiffs' right of irrigation from this well. The trial court repelled the pleas in bar and decreed the s