Tenant’s right to water

Save in proportion to a reduction in the tenancy, if any, a landowner shall not be competent to curtail or terminate the supply of canal, kuhl or use of well water enjoyed by a tenant immediately before the commencement of this Act, and a breach of this provision shall constitute a cognizable offence punishable with fine which may extend to one hundred rupees and shall be triable by a Naya Panchayat competent to hear criminal cases. (1) If it appears to a Civil Court that a suit pending before it is of a class mentioned in section 58 and that the provisions of that section should have been heard and determined by Revenue Court ; or (b) if it appears to a Revenue Court that a Court under its control has determined a suit which should has been heard by a Civil Court; the Civil Court or Revenue Court, as the case may be, shall submit the record of the suit to the High Court. (2) If on perusal of the record it appears to the High Court that the suit was so determined in good faith, and that the parties have not been prejudiced by the mistake as to jurisdiction, the High Court may order that the decree be registered in the Court which had jurisdiction. (3) If it appears to the High Court, otherwise than on submission of a record under sub-section (1), that a Civil Court under its control has determined a suit of a class mentioned in section 58 which under the provisions of that section should have been heard and determined by a Revenue Court, the High Court may pass an order which it might have passed if the record had been submitted to it under that sub-section. (4) With respect to any proceeding subsequent to decree the High Court may make such order for its registration in a Revenue Court or Civil Court as in the circumstances appears to be just and proper. (5) An order of the High Court under this section shall be conclusive as against persons who were not parties to the suit or proceeding as well as against persons who were parties thereto, and the decree or proceeding to which the order relates shall have effect as if it had been made or had by the Court in which the order was required to be registered.