(4)Cause of action. - The cause of action shall be deemed to have arisen on the date on which the [impediment to the natural flow of surface water or the] [These words were inserted by Bombay 66 of 1954, Section 2 (3) (a).] dispossession, deprivation or determination, of tenancy or other right occurred, or on which the [impediment] [This word was inserted by Bombay 66 of 1954, Section 2 (3) (b).], disturbance or obstruction, or the attempted [impediment or] [These words were inserted by Bombay 66 of 1954, Section 2 (3) (c).] disturbance or obstruction, first commenced.Explanation. - The exercise by a joint owner of any right which he has over the joint property is not a dispossession, or disturbances of possession of the other joint owner or owners within the meaning of this section.Illustration IA lets B his field to cultivate for a specific period of one or more years. B. refuses to resign possession after the expiration of that period. A can use for possession in the Mamlatdar's Court at any time within 6 months from the date of the expiration of the said period, unless B, is a person who has been a former owner or part-owner within a period of twelve years before the institution of the suit of the property, or who is the legal representative of such former owner or part-owner.Illustration IIB is a yearly tenant of A, who gives him a notice to vacate, as he is bound to do [in accordance with the law relating to the termination of an annual tenancy] [These words were substituted for the words and figures beginning with the words and figures 'under Section 84' and ending with the words 'three months' by Bombay 4 of 1958, Section 3 (4).] before the end of the then current year of tenancy. At the commencement of the next year B refuse to vacate, A can use B in the Mamlatdar's Court at any time within six months from the commencement of that year, unless B is a person who has been a former owner or part-owner within a period of twelve years before the institution of the suit of the property, or who is the legal representative of such former owner or part-owner.Illustration IIIA allows B the use of water from his well, or from his water course, for a specific period, at the expiration of which B continues to take water from the well or water course without A's consent. A may sue B in the Mamlatdar's Court at any time within six months from the expiration of the said period to obtain an injunction to stop B from taking the water, unless B is a person who has been a former owner or part-owner within a period of twelve years before the institution of the suit of the use of the water, or who is the legal representative of such former owner or part-owner.Illustration IVA and B hold lands adjacent to a * or * or, similar article water course which has hitherto been exclusively used by B. A. draws water therefrom. B may sue in the Mamlatdar's Court, at any time within six months from the date on which A commences to take, for an injunction to prevent A from so doing.
