BHONDOO Vs. UDATOO
LAWS(ALL)-1970-1-6
HIGH COURT OF ALLAHABAD
Decided on January 16,1970

BHONDOO Appellant
VERSUS
UDATOO Respondents

JUDGEMENT

- (1.) THIS Is a defendant's appeal arising out of a suit for an in junction,
(2.) THE suit was brought on the alle gation that the plaintiff had been talcing water to his field through a Gool which passed through two plots belonging to the defendants, that the defendants had de- molished a portion of the Gool and thus stopped the water flowing to the plain tiffs fields. The plaintiff prayed for a permanent injunction restraining the defendants from interfering with his tak ing water to his field through the said Gool. The suit was contested on the ground that no Gool at all passed through the said plots and there was no right in the plaintiff to receive water passing through the defendants' fields.
(3.) THE suit was decreed by the trial Court and a perpetual injunction was granted in the terms prayed for by the plaintiff. The defendants appealed. The learned Civil and Sessions Judge modified the decree of the trial Court in so far that a mandatory injunction was granted directing the defendants to restore the Gool in question to its original condition as marked in the map forming part of the decree.;


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