L.N. Mittal, J. - (1.) RAMA alias Ram Mehar Plaintiff has filed the instant second appeal. He was non -suited by the trial court but has been partly successful in lower appellate court.
(2.) CASE of the Plaintiff -Appellant is that on account of breach in Bawani Khera minor (canal) on the night intervening 28/29.1.1999 land and house of the Plaintiff got flooded and his standing crop was damaged and also his residential house and biogas plant were damaged. Plaintiff claimed compensation of Rs. 6 lacs for the same. Defendants controverted the plaint allegations and raised some other pleas also.
(3.) LEARNED Civil Judge (Junior Division), Bhiwani vide judgment and decree dated 29.7.2005 dismissed Plaintiff's suit. However, first appeal filed by the Plaintiff has been partly allowed by learned District Judge, Bhiwani vide judgment and decree dated 14.8.2008 and thereby Plaintiff's suit has been decreed for recovery of ' one lac with interest @ 7% per annum from the date of filing of the suit till payment. Feeling aggrieved, the Plaintiff has filed the instant second appeal.;