Henry Hill And Co. (Turkaulia) Ltd. And ... vs Sheoraj Rai And Ors. on 25 November, 1921
The above principle has been recognised in 'Abdul Baqi v. Sheo Prakash Singh', AIR 1928 Pat 279 (E); 'Henry Hill and Co. v. Sheraj Rai', AIR 1922 Pat 9 (P) and 'Mahabir Sahu v. Ram Saran Sahu', AIR 1918 Pat 493 (G). The chief characteristic of surface water is that its identity and existence as a water body cannot be definitely ascertained and it cannot be said to belong to any particular person. No claim can, therefore be made to such right either as a natural right or as an easement by prescription. The right to the ownership of the water is an incident to the ownership of the land.