LAW FOR ALL

Sec.36 and sec.104 (3) of Himachal Pradesh Tenancy and Land Reforms Act, 1972 - suit for permanent injunction restraining them from removing the pump set or interfering, in any manner,with the right of the plaintiff to irrigate his land - lower court decreed the suit - appeal was dismissed- in second appeal high court reversed the judgment of lower court - Apex court held that High court wrongly interpreted the sec.36 - as per sec.36 the tenant is entitled to draw water and as per sec.104(3) a tenant is conferred with all rights of ownership - but the High court held that the section is applicable to tenancy land and not to the ownership land owned by a person, wrongly - Apex court set aside the order of High court and restore the orders of lower court =TARSEM LAL & ORS. … APPELLANTS VERSUS RAM SARUP & ORS. … RESPONDENTS= 2014 ( April.Part) http://judis.nic.in/supremecourt/filename=41485