Possession to be given without prejudice to rights of parties

Subject to the provisions of sub-section

1. (2) of section 22 the party in favour of whom the Mamlatdar issues an order for removal of an impediment or refuse or the party to whom the Mamlatdar gives possession or restores a use, or in whose favour an injunction is granted, shall continue to have the surface water upon his land flow unimpeded on to adjacent land or continue in possession or use, of the land, dwelling house, right of way or right to water, as the case may be, until otherwise decreed or ordered, or until ousted, by a competent Civil Court: Provided, that nothing in this section shall prevent the party against whom the Mamlatdar’s decision is passed from recovering by a suit in a competent Civil Court mesne profits for the time he has been kept out of possession of any property or out of enjoyment of any use or the cost of removing the impediment, refuse or encroachment: Provided, further, that in any subsequent suit or other proceeding in any Civil Court between the same parties, or other persons claiming under them the Mamlatdar’s decision respecting the possession of any property or the enjoyment of any use or right or respecting the title to or valuation of any crop dealt with under the proviso to sub-section
2. (1) of section 20, shall not be held to be conclusive.