MAHESH PRATAP SINGH Vs. RAMPAL SINGH

JUDGEMENT

(1.) THE plaintiff is a co-sharer in Mahal Rampur Bhagan and his house is in plot No. 559. To the south of that plot there is a plot No. 546. The drain of plaintiff's house is marked in the site plan prepared by the commissioner which 13 a part of the decree prepared by the lower appellate court, in this site plan the disputed portion of the drain is shown by the letters KG and C. The plaintiff's case was that the drain water of his house used to flow through this drain towards a 'talab' or tank to the south and the defendant, without any right caused obstruction to this drain a few months before the suit was filed. In the plaint it was said that the plot No. 546 was situate in mahal Rampur Bhagan of which the plaintiff, defendants and others were co-sharers. Alter having made that statement in para. 1 the plaintiff went on to allege that he had been using the right to flow his drain water through this drain for more than 25 years. This was characterised as a 'haq ashais' which can be translated as 'a right of easement'. The other right claimed by the plaintiff was that the women of his family used to go out of a window marked L towards the west of his house and after passing, over the plot No. 546 used to go towards the tank to ease themselves. By building the wails ABC and CD to the south and the west of this plot it was said that the right of the women of the plaintiff's family for going to the tank over the plot No. 546 was interfered and the walls should-therefore, be demolished.

(2.) THE defence was that plot No. 545 was not situate in Rampur Bhagan but in Rampur Jogshah and that neither the plaintiff nor the defendants had any right of ownership in the said plot. It was further denied that the plaintiff had constructed the drain more than 20 years before the suit or that there was in existence the window L through which the ladies of his house had been going towards the pond to ease themselves and the plaintiff had acquired a right of easement.

(3.) THE learned Munsif held in defendants' favour that the plot No. 546 was situate in Rampur jogshah in which the parties were not co-sharers and the plaintiff had not been using the drain or the passage for the requisite period to acquire the right of easement and dismissed the plaintiff's suit,