- (1.) THIS is a defendants' appeal against the judgement and decree dated 17-1-1969 passed by the District Judge, Fatehpur in Civil Appeal No. 62 of 1979.
(2.) THE suit was brought by two brothers. Suresh, aged about 28 years and Santosh Kumar, aged about 17 years for permanent injunction restraining the defendants-appellants and Ram Bhajan, defendant respondent No. 3, from interfering in irrigating their fields 156, 157, 158, 154 and 155 through water channel MN and NL shown in the sketch map attached to the plaint. THEy further claimed Rs. 50/- as damages for the demolition of pairhi ABCD to the south of the well. THEy alleged that the well and pairhi existed in plot 113 carved out in consolidation proceedings which corresponded to plot No. 319 of the settlement of the settlement of the well belonged to their ancestor Badla, that Pairhi ABCD belonged to them and that they were irrigating their fields since a long time. Ram Bhajan, defendant respondent admitted all the allegations of the plaint. Defendants-appellants contested the suit on the grounds that the well did not belong to the plaintiff- respondents, that the disputed well really belonged to their ancestors, that it was constructed by Bishasmbhar, Badri and Jiya Lal, that it was not constructed by Badla, that the plaintiff-respondents were never in possession of the well, that they had never demolished the water channel or the pairha.
(3.) THERE is on record Khasra of 1319F Ext. 6. It shows a well in plot No. 319. Its old No. was 323. This plot pertained to Mohal Tori Singh. THERE is Khatauni of this settlement, Ex. 12. relating to Thok Tori Singh. In this document the name of Badla is clearly written in column No. 3 along with some other persons. In column No. 1 old plot No. 323 is written. In column No. 5 well is mentioned. It is undisputed that the present number after consolidation of plot No. 319 is 113. In consolidation proceedings the well was not allotted to any tenure-holder. The consolidation authorities made a separate khata No. 103 in respect of 7 wells situate in different plots. The well in plot No. 113 is mentioned in it.;