Rakesh Kainthla, Judge

The present appeal is directed against the judgment and decree dated 26.11.2007, passed by the learned Additional District Judge, Shimla, H.P. (Learned Appellate Court) vide which the judgment and decree dated 06.08.2004, passed by the learned Civil Judge (Junior Division), Theog, District Shimla, H.P. (learned Trial Court) were set aside. (The parties shall be referred to in the same manner as they were arrayed before the learned Trial court for convenience).

Briefly stated, the facts giving rise to the present appeal are that the plaintiffs filed a civil suit before the learned Trial Court seeking recovery of ₹1,98,000/ along with costs and interest. It was asserted that the plaintiffs had a Gharat (Water Mill) over the land bearing Khasra No. 138, situated in Chak Gudi, Pargana Parwati, Tehsil Theog, District Shimla, H.P. The plaintiff used to earn ₹2,500/- to ₹3,000/- per month by operating the Water Mill. The defendant constructed a bypass from Theog to Kotkhai and threw the debris over the Water Mill and the channel leading to the Water Mill. The Public Works Department official prepared a damage case, but no compensation was paid to the plaintiff; henc