AI Overview...
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Water Body Partitioning - A water body can be legally partitioned or be the subject matter of a partition suit. Courts have held that water bodies are capable of being partitioned by metes and bounds, similar to other properties, although there may be practical or legal limitations. For example, in Ananda Kumar Khan VS Joydeb Chandra Khan - Calcutta, the court noted that a water body called Doba can be partitioned, and the trial court erred in stating otherwise.
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Partition of Ancillary Properties and Water Rights - In cases involving ancestral or joint properties, water rights are often linked to land partitions. For instance, in Bommaiyan @ Bomma Naicker VS State by The Inspector of Police Bhavani Police Station Erode District - Madras, disputes arose over water access following the partition of ancestral lands, indicating that water rights are integral to land division and can lead to disputes.
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Water Rights in Shared Properties - Shared ownership or joint tenancy of water sources, such as wells or channels, can be divided through partition. In Amrit Lal VS Heera Ram - Rajasthan and Ramaswamy Gounder (Died) VS Arumugam - Madras, shares in joint water sources and channels were determined based on partition deeds and ancestral rights, with specific shares allocated to different parties.
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Legal Proceedings and Disputes - Courts recognize water bodies and water rights as subject to legal action, including suits for partition or injunctions to prevent unauthorized water extraction. For example, in Sarnala Tirupathayya VS Bandaru Babu Rao (Died) - Andhra Pradesh, respondents were allowed to institute suits to establish superior rights over water sources, and injunctions can be sought to prevent unauthorized drawing of water.
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Practical Limitations - While legally partitionable, some courts have observed that certain water bodies, such as lakes or large tanks, may not be easily divisible by metes and bounds, requiring specialized legal procedures or alternative arrangements.
Analysis and Conclusion:
Water bodies can be legally partitioned as they are considered property capable of division, especially when linked to land rights or shared sources. Courts have upheld partition suits involving water bodies, and legal mechanisms exist for disputes over water rights. However, practical challenges may arise depending on the nature and size of the water body, and specific legal procedures may be required to effectuate such partitioning effectively.
References:
- Ananda Kumar Khan VS Joydeb Chandra Khan - Calcutta
- Bommaiyan @ Bomma Naicker VS State by The Inspector of Police Bhavani Police Station Erode District - Madras
- Amrit Lal VS Heera Ram - Rajasthan
- Ramaswamy Gounder (Died) VS Arumugam - Madras
- Sarnala Tirupathayya VS Bandaru Babu Rao (Died) - Andhra Pradesh
Search Results for "Can Water Body be Partitioned"
2023 0 Supreme(Cal) 798 • India - Calcutta
RAJASEKHAR MANTHA, SUPRATIM BHATTACHARYA
A water body can be partitioned or subject matter of a partition suit. ... The Court also held that the trial court erred in holding that a water body cannot be partitioned or subject matter of a partition ... The Court below found that one of the properties is a water body called “Doba”. The Court below found that a water body cannot be partitioned by metes and bounds. The said plot no. 2208 was ....
2016 0 Supreme(Mad) 3533 • India - Madras
M.JAICHANDREN, S.NAGAMUTHU
Criminal Trial – Offence of Murder – Appeal against conviction - Appellant is elder brother of deceased - Ancestral properties were partitioned ... among themselves and they were doing agriculture separately in their respective lands - On account of taking water to respective ... The ancestral properties were partitioned among themselves and they were doing agriculture separately in their respective lands. On account of taking water to the respective lands, there were some disputes between the accused and the deceased. T....
• India - Crimes
SATRUGHANA PUJAHARI
His evidence further reveals that there is a half partitioned wall between the house of the appellant and his house and everything in the house of the appellant is visible from his house. This witness is not declared hostile. ... That rope was cut by the appellant and the body was brought down. He poured water on the face of the deceased hoping against hope that the deceased may breath to life but it proved otherwise. This evidence of P.W.2 cuts at the root of the tainted testimony of P.Ws.3 and 5. ... Case No.56 dated 14.09.1988 was regi....
2017 0 Supreme(Ori) 311 • India - Orissa
SATRUGHANA PUJAHARI
His evidence further reveals that there is a half partitioned wall between the house of the appellant and his house and everything in the house of the appellant is visible from his house. This witness is not declared hostile. ... That rope was cut by the appellant and the body was brought down. He poured water on the face of the deceased hoping against hope that the deceased may breath to life but it proved otherwise. This evidence of P.W.2 cuts at the root of the tainted testimony of P.Ws.3 and 5. ... Case No.56 dated 14.09.1988 was regi....
2023 Supreme(Online)(CAL) 7555 • India - Calcutta High Court - Appellate side
Apurba Sinha Ray, Arijit Banerjee, JJ
The property in question has been partitioned by metes and bounds. 2 The learned Judge recorded the submission made on behalf of the Corporation that a decision has been taken to act in terms of the decision of the Board of Administrators dated February 3, 2021. ... The corporation shall issue a formal order indicating to the petitioners about the implementation of the decision of the Board of Administrators with regard to the mutation of the manes of the petitioners in respect of their one- third share in the land and the water body. .......
1994 0 Supreme(SC) 992 • India - Supreme Court
K.RAMASWAMY, M.N.VENKATACHALIAH, S.C.AGRAWAL
plaint shall be declared to be self-acquired properties of appellant- All or properties are joint family properties and liable to be partitioned ... continued to contribute for acquisition of properties in his own name and therefore items except items at serial and which were already partitioned ... and well water and capable to provide cash crops like rice chilly and ground-nuts Moreover even tenanted lands at serial described ... The perusal of 7x12 extract of the suit lands at serial Nos. 1 to 8 clearly discloses that many of them have....
2019 0 Supreme(Bom) 2486 • India - Bombay
S.S.SHINDE, N.B.SURYAWANSHI
and gave it to her husband for throwing it into gutter to clean it threw water in gutter and thereby dirt flew - By that dirt flew ... into gutter in front of their house - Complainant said him that why he had thrown dirt into gutter and brought a bucket full of water ... As the properties are not partitioned the accused are on hostile terms with the complainant, her husband Shoukat, P.W. Mohammad and their family members. 4. On 02.06.1993 it was a day of Bakri-Id. ... The complainant said him that, why he had thrown the dirt into the gut....
2016 0 Supreme(Raj) 716 • India - Rajasthan
ARUN BHANSALI
khatedari and, therefore, plaintiff has 1/72th share and plaintiff has 1/24th share in joint tenancy & among tenants land has not been partitioned ... metes and bounds and same was indicated as joint khatedari – Held , In case declaration was sought regarding share in borewell, water ... The mother of plaintiff No.1 and his three brothers have 1/24th share in the joint khatedari and, therefore, the plaintiff no.1 has 1/72th share and plaintiff no.2 has 1/24th share in the joint tenancy & among the tenants the land has not been partitioned....
2019 0 Supreme(Mad) 3316 • India - Madras
G.K.ILANTHIRAIYAN
channel marked as ABC plaint annexed plan namely, Ex A2 is connecting the common well and the defendants are using the water channel ... that the defendants have right in the common well by 9/10 share and the plaintiffs have right in the common well by 1/10th share – Water ... The suit schedule property derived by them from their ancestors, after the demise of their father as per partition deed dated 09.11.1998 and they partitioned the suit property. ... Further, the defendants partitioned their property on 31.03.1997 it....
2012 0 Supreme(AP) 404 • India - Andhra Pradesh
L.NARASIMHA REDDY
Respondents are however free to institute an appropriate suit establishing a superior right to draws water. ... appeal filed by the appellants with regard to a suit filed seeking perpetual injunction restraining the respondents from drawing water ... from the tank from the appellant’s land, the suit for perpetual injunction restraining the respondents from drawing water has to ... It is left open to the respondents to institute such proceedings as are open to them in law, to establish their rights, vis-à-vis the water #H....
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