ABDUL WAHAB KHAN Vs. MOHD HAMID ULLAH

JUDGEMENT

(1.) MOHAMMAD Hamiduallah made an appellant under Section 145, Criminal Procedure Code complaining that Abdul Wahab Khan was trying to close the door of his (Mohammad Hamidullah's) house opening into a lane as also a drain passing through the lane and joining the municipal drain by constructing a wall across the door. He alleged that he had been using the lane for passage through the door for the last 20 years and that the action of the opposite party was likely to cause a breach of the peace. The appln., though ostensibly made under Section 145, was in reality under Section 147, Criminal Procedure Code

(2.) THE Mag. issued notice to the opposite party who replied that he was the owner of the lane on which the appet. claimed a right of way. According to him, the applicant had opened the door in question a short time ago during his absence from Allahabad. He denied the existence of the drain and the right of way claimed by Mohammad Hamiduallah.

(3.) THE Mag. found that the open land had been used as a lane by the inmates of Mohammad Hamiduallah's house for several years past and that the opposite party had recently started the construction of the wall in front of the disputed door. He also found that there was a drain on the disputed land through which water of Hamiduallah's house flowed. He, therefore, held that the applicant had a right of way over the land through the door and also a right to flow water through the drain on the land into the municipal drain. He passed the following order :