VENKATRAO vs BAPU - 1924 Supreme(Nagpur) 226

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1924 Supreme(Nagpur) 226

BAKER
VENKATRAO – Appellant
Versus
BAPU – Respondent

Advocates Appeared:
D T Mangalmurti, H S Gour, V D Kolte, V M Jakatdar, Advocates

JUDGMENT

Baker—The facts of this case are fully set out in the judgments of the Courts below. It has been found that the plaintiffs have a right to have their land irrigated by the water which passes through their land from the sluices in question and that the flow of the water to their land is obstructed by the channel which the defendant has dug at right angles to the existing channel. The lower Courts have ordered this to be removed.

2. It is now contended that instead of removing the channel the defendant should be ordered to construct, and is willing to construct a trough or aqueduct, which will carry the water to the plaintiffs' fields over the nala in dispute, and reference is made to Ss. 22 and 23 of the Easements Act. It has been stated by the lower appellate Court that it is not possible to carry the water across the nala in dispute by an aqueduct.

3. I may mention that during the pendency of this appeal a stay of execution was granted to the appellant on his agreeing to put in a wooden pipe or trough to carry the water in the way which he now proposes to do, and there has been a continual dispute over it on the ground that the respondents were not getting water. I do not th

Click Here to Read the rest of this document