EJAZ BEGAM Vs. FARHAT KHAN

JUDGEMENT

(1.) Heard Sri M.A. Qadeer, Senior Counsel assisted by Sri Shamim Ahmad for the plaintiff appellant and Sri Y.S. Bohra, appearing for defendant respondent. Original Suit No. 1005 of 2002 was filed by the plaintiff appellant in the Court of Civil Judge (S.D.)/Judge Small Causes Court, Bulandshahr, for permanent injunction. The relief sought by the plaintiff appellant in the suit was thus:

(2.) For appreciating the relief claimed by the appellant and the judgment of the Court below, it appears necessary to have a glance on the plaint map which is as under:

(3.) The suit was contested by the defendant respondents inter alia denying the boundaries of plot No. 798 aforesaid and claiming that the portion shown in the plaint map by letters Ra, Kha, Da, Ka is old abadi of the respondents. It was also denied that defendant respondents were making any constructions in the year 2002 which has given rise to any cause of action to the plaintiff appellant for filing the suit. It was also stated that they have not blocked the "Naali" shown by letters Da, Ka or destroyed its existence, and hence the plaintiff appellant has no right to claim relief against the defendant respondents in the garb of flowing water from the alleged "Naali" said to be in the land of defendant respondents. It was also denied that there was any RASTA or passage of Sri Sharifullah from plot No. 797.