(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 dispossession, deprivation or determination, of tenancy or other right occurred, or which the impediment, disturbance or obstruction, or the attempted impediment or 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 disturbance 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 sue for possession in the Mamlatdar’s Court at any time within 6 months from the date of 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 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 before the end of the then current year of tenancy. At the commencement of the next year B refuses to vacate. A can sue 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 land adjacent to a पाट or फांस or similar artificial 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 the water, for an injunction to prevent A from so doing.
