RAMA CHANDRA SINGH AND ANOTHER Vs. RAM ASREY

JUDGEMENT

(1.) This appeal is directed against judgment and decree by Sri Bramha Singh, learned Civil Judge, Ballia dated 21-12-74 in Civil Appeal No. 47 of 71 arising out of original suit no. 358 of 65 by which he reversed the judgment of Sri M. P. Singh, Munsif dated 18-1-71 and decreed the claim of plaintiff as detailed in the impugned order.

(2.) It appears that plaintiff respondent filed a suit for mandatory injunction directing the appellant to remove the pipes shown by letters STV and spout shown by letter Q and to dose the door shown by letter P and drain shown by letter R and ventilator shown by letter U in site plan appended to the plaint. It was further prayed that defendants be restrained from passing and repassing towards north through door P and from discharging water through spout and drain aforesaid ; in the alternative there was also a prayer for recovery of possession over the site of disputed pipes; a sum of Rs. 50.00 was also claimed by way or damages along with costs of the suit.

(3.) Land in dispute lies in village Jagdish Pur Bankata within municipal limits Ballia and is situated in plot no. 227/3 of the Settlement Map. Its dimensions have been roughly laid at the foot of the plaint. Both the appellants are inter-related. Smt. Indrawati Devi is wife of Ram Chandra Singh appellant. The suit was filed by Ram Asrey Ojha with the allegations that his house bad been denoted in the site plan by letters A, B, C, and D; towards west of his house there was open land. He took that land from Zamindar; and thereafter enclosed the same with walls towards east and north varying from 11/2 to 2 cubits; however southern wall was six cubits high. The southern wall was constructed by him to provide privacy to the ladies of his house who went to worship the idol of goddess installed by him within this compound. He also planted some flowers etc; he procured a written lease from the Zamindar about the same.