NEW EGERTON WOOLLEN MILLS, DHARIWAL Vs. KHEM SINGH
HIGH COURT OF PUNJAB AND HARYANA
NEW EGERTON WOOLLEN MILLS, DHARIWAL
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(1.) This judgment will dispose of two appeals (Regular Second Appeal No. 281 of 1953 and Regular Second Appeal No. 383 of 1953) where the point involved is the same as also the facts.
(2.) On the 1st February, 1917 on behalf of the appellants one Armstrong, presumbly their manager, executed a document, Exhibit P.1, which is as follows :-
"We agree to allow the following plots of land to be irrigated with waste water from the mills free of charge so long as these plots are in the possession of their present owners.
471, 476, 478, 519, 520, 479, 407, 486, 516, 483, 496, 515, 492, 499, 510, 517, 475, 472, 498, 512 and 513.
(3.) At the time the document was executed Charat Singh, Ishar Singh Kesar Singh and Khem Singh sons of Atma Singh were owners of a portion of some of the above Khasra number and full owners of the rest and on the 11th February, 1927, there was another agreement between Kesar Singh and the Mill. By this the previous agreement was cancelled, but the learned Senior Subordinate Judge has held this to be inoperative to affect the rights of the parties as the contract was only with one of the four brothers and has used it for a different purpose. There is evidence which is shown by a letter dated the 26th April, 1925, that water was being used by Hakam Singh Lambardar and there is another letter dated the 14th January, 1927 that one Mohammad Shafi was also making use of the water.;
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