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Head Note

Civil Law  - Suit for permanent injunction

Himachal Pradesh Tenancy and Land Reforms Act, 1972 - Section 36 and 104 (3) - 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.

Topic(s)-Suit for Permanent Injunction

Important Decision(s)- 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.