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Judgment
Seshagiri Aiyar, J.—The defendant''s case is that this suit is not maintainable on the Small Cause side. The suit is on a contract between the
plaintiff and the defendant ant. The defendant agreed to allow the plaintiff to drain the water from his field into defendant''s land, and received Rs. 3
as consideration for the permission and the defendant broke the contract and refused to allow the water of the plaintiff to be taken into defendant''s
lands. Article 35 (i) has no application to such a case. This is not a case of easement nor is it a case of diverting the water-course. It is a pure case
of contract which has been broken by the, action of the defendant and he is bound to pay damages. The petitioner''s Vakil does not question the
quantum of damages awarded in this case. I dismiss the petition with costs.