Mahanga Ram vs Gurdial Singh and Others

G.C. Garg, J.—I have perused the judgments of the courts below and have heard learned counsel for the plaintiff-respondents. The courts below have recorded a concurrent finding that the defendant-appellant removed the persian wheel installed in the well about six-seven years back and instead installed the tubewell for irrigating his fields. The lower appellate court, however, declined the mandatory injunction directing the defendant to restore the persian wheel and only directed that the defendant shall allow the plaintiff - respondents the facility of drawing water from the tubewell on payment of Rs. 20/- per hour for one day in a week. It is not disputed rather it is the conceded case that the persian wheel was common of the parties and it was so recorded in the revenue record. One of the co-sharers cannot deprive the right of irrigation to the other co-sharer by unauthorisedly removing the common facility for irrigating the fields. The appellate court in my view has rightly granted the relief to the plaintiff-respondents. No interference is called for. Dismissed.