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2026:HHC:15687 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

RSA No. 160 of 2008 Reserved on: 18.03.2026

Date of Decision: 11.05.2026 Chet Ram (since deceased)

through his LRs. & another ...Appellant Versus

State of H.P. r ..Respondents ____________u_________________________

Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ Yes For the appellants : Mr Janesh Gupta, Advocate.

For the respondent : Mr Lokender Kutlehira, Additional Advocate General.

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,

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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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).

2. Briefly stated, the facts giving Hrise 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 ahnd the channel leading to the Water Mill. The Public Works

gDepartment official prepared a damage case, but no icompensation was paid to the plaintiff; hence, the suit was filed to seek the relief mentioned above.

3. The suit was opposed by filing a written statement, taking preliminary objections regarding lack of maintainability, locus standi and cause of action, the plaintiffs being estopped from filing the present suit due to their act and conduct, and the suit having not been properly valued for the court fees and

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jurisdiction. It was admitted on merits that the plaintiffs are owners in possession of the Water Channel and Water Mill located in Khasra No. 17/1 and 138. It was asserted that the defendants had taken all precautions while constructing the bypass road, but some debris fell thrown towards the valley side, which caused damage to the Waterf Channel and Water Mill. Revenue Department verified the claim of the plaintiff amounting to ₹8,100/- as a tloss of income from the Water Mill and the estimated cost of repair of ₹5,142/-. The plaintiffs are entitled to get a total compensation of ₹13,242/-, which would be paid in due course after completing the formalities. The plaintiffs were duty-bound to repair the Water Mill, but they failed to do so. Therefore, it was prayed that the suit be

dismissed.

i4. No replication was filed.

5. The Ld. Trial Court framed the following issues on

11.07.2002:

1. Whether the plaintiffs are entitled to recover ₹1,98,000/- from the defendant as alleged?

OPP

2. Whether the plaintiffs are estopped by their act and conduct to file the present suit? OPD

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3. Whether the suit has not been properly valued for the purpose of the court fee and jurisdiction, if so, what is the correct

valuation? OPD.

4. Whether the defendants are liable .to receive exemplary costs under SectiHon 35-A of the CPC? OPD. 5. Relief.

6. The parties were called upon to produce the evidence, and plaintiff No. 2,t Chet Ram, examined himself (PW- 1), Laiq Ram (PW-2) and Chet Ram (PW-3). The defendant examined Bal Mukand (DW-1), Devi Chand (DW-2) and Mast

Ram (DW-3).

7. The learned Trial Court held that the defendants did nhot dispute the damage to the

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