Ramadhin Singh and Another vs Jadunandan Singh and Another

In this case the Plaintiffs own some land on the south of that of the Defendants on a higher level, and the water falling on the land of the Plaintiffs naturally flows on to the land of the Defendants. The Defendants recently built a bund on their land so as to obstruct the water accumulated on the Plaintiffs'' land from flowing towards the north through the Defendants'' land. The Plaintiffs allege that they are entitled to have the water on their land discharged through the Defendants'' land; but they do not claim it as an easement. They claim it as a right ancillary to their property which they have not parted with. This raises a question in a very simple form, namely, whether there is any such right. On the authorities placed before us, we are of opinion that there is, although the Plaintiffs do not claim the right to discharge their water and do not in fact discharge their water on to the Defendants'' land by any definite channel. The duty of the Defendants is to allow the water from the Plaintiffs'' land to pass on through their land. It is then open to them to dispose of it in the way they think best. The lower Courts have ordered the Defendants to remove the bund which they have created. It is not necessary in order to satisfy the Plaintiffs'' claim that this should be done; but it will be sufficient if the Defendants make some arrangement by which the water coming on to their land from the Plaintiffs'' land may pass over their land in such a way as not to remain on the Plaintiffs'' land. So far, the appeal is allowed. A second point has been raised in connection with two maps which it is said the Court below refused and which the Defendants say ought to have been judicially noticed, On considering the nature of the case and the course followed, and from what we understand the contents of the map to be, we do not think that the Defendants have made out any grounds for appeal on this ground. We accordingly allow the appeal only to the extent we have indicated above.

Under the circumstances of this case we make no order as to costs.