RAJA RAM AND OTHERS Vs. JOTI PRASAD

JUDGEMENT

(1.) This is a Defendant's appeal and arises out of a suit for a mandatory injunction ordering the Defendants to close two doors and a drain, as well as for a perpetual injunction in restraining them from passing on to the Plaintiff's sahan through the doors in question. The Plaintiff alleged that his house was towards the east of the house of the Defendants. One of the doors of his house opened on his sahan in front of which was an old wall of the Defendants. That wall was demolished by the Defendants and in its place they built a new one. In the new wall they opened two doors opening towards the sahan of the Plaintiff. The Plaintiff complained that the Defendants were infringing his right of using the sahan by opening the two doors on his sahan.

(2.) The Defendants denied the claim of the Plaintiff and alleged that the parties were close relations and their property was joint, and that the land in dispute was also joint property. In the alternative, they asserted that they had acquired a right of way over the passage by way of easement, and that the opening of the two doors in the Defendant's wall was legal and justified.

(3.) Both the courts below have found that the sahan lying in front of the house of the Plaintiff was his exclusive property and the Defendants had no manner of right to pass over it. The Defendants were accordingly restrained from passing over the land in dispute through the disputed doors and from allowing any water to flow on to the land of the Plaintiff through a drain.