(1)On the day fixed, or on any day to which the proceedings may have been adjourned, the Mamlatdar shall, subject to the provisions of Section 16, proceed to hear all the evidence that is then and there before him and to try the following issues, namely:(aa)If the plaintiff avers that the natural flow of surface water from his, land has been impeded by any erection raised by the defendant causing damage or likelihood of damage to the plaintiff's land or to any grazing, trees or crops thereon-(1)whether surface water flowed, in a defined channel or otherwise naturally from plaintiffs land on to defendant's land;(2)whether the defendant erected any impediment to such flow, otherwise than under due authority of law;(3)whether such erection impelled such natural flow of water within six months before the suit was filed;(4)whether such impediment has caused or is likely to cause damage to plaintiffs land or to any grazing, trees or crops thereon;)(a)If the plaintiff ever that he has been unlawfully disposed of any property or deprived of any use-(1)whether the plaintiff or any person on his behalf or through whom he claims was in possession or enjoyment of the property or use claimed up to any time within six months before the suit was filed;(2)whether the defendant is in possession at the time of the suit and, if so whether he obtained possession otherwise than by due course of law;(b)if the plaintiff avers that he is entitled to possession of any property or restoration of any use by reason of the determination of any tenure or other right of the defendant in respect thereof-(1)whether the defendant is in possession of the property or in the enjoyment of the use by a right derived from the plaintiff or from any person through whom he claims(2)whether such right was determined at any time within six months before the suit was filed;(3)whether the defendant is other than 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 use claimed, and other than the legal representative of such former owner or part-owner;(c)If the plaintiff avers that he is still in possession of the property or in the enjoyment of the use, but that the defendant disturbs or obstructs, or has attempted to disturb or obstruct, him in his possession or use-(1)whether the plaintiff or any person in his behalf is actually in possession or enjoyment of the property or use claimed;(2)whether the defendant is disturbing or, obstructing, or has attempted to disturb or obstruct, him in such possession or enjoyment;(3)whether such disturbance or obstruction, or such attempted disturbance or obstruction, first commenced within six months before the suit was filed.(2)Power of Mamlatdar to examine other witnesses and inspect property in disputes. - The Mamlatdar may, after due notice to, and in the presence of, the parties summon and examine as a witness any person who has not been summoned or produced, and may call for and cause to be proved any document which has not been applied for or produced, by either of the parties, where he considers it expedient in the interest of justice so to do, and may, if he thinks fit, make a personal inspection of the property in dispute in the presence of, or after due notice to, the parties.[He shall without unnecessary delay record a memorandum after hearing the parties on the spot if present, of any relevant facts observed at such inspection. The memorandum shall form part of the record of the case.] [These words were added by Bombay 11 of 1928, Section 2, First Schedule.](3)Record of Proceedings by Mamlatdar. - The Mamlatdar shall with his own hand make or sign a memorandum of the substance of the evidence of each witness as the examination of the witness proceeds, and briefly record his reasons for his finding.(4)Orders to be passed by Mamlatdar upon decisions in favour of plaintiff and defendant. - Where the Mamlatdar's finding upon the issues is in favour of the plaintiff, he shall make such order, not being in excess of the powers vested in him by Section 5, as the circumstances of the case appear to him to require; and where his finding is in favour of the defendant, he shall dismiss the suit. In either case the costs of the suit, including the cost of execution, shall follow the decision.
