JAGDISH PRASAD Vs. RAM SARAN

JUDGEMENT

(1.) THIS is a plaintiff' s second appeal arising from a suit for injunction.

(2.) THE plaintiffs' case was that they were the owners of two shops Nos. 51 and 72 situated in the New Market, Tundla. THE shops had been purchased by them from the Government. On the east towards the back of the shops there was a public drain and road patri which was admittedly public land. THE plaintiffs wanted to open the door at the right end side of the eastern wall of their shops. THE defendants who were large in numbers being the members of the public prevented the plaintiffs from doing so and wanted to construct a latrine at the place where the plaintiffs wanted to open their door. A suit was, accordingly, filed against the defendants under O. 1, R. 8 of the Code of Civil Procedure. THE trial court dismissed the suit on the finding that there was a public urinal at the place where the plaintiffs wanted to open the door in the eastern wall of their shops and that urinal was wrongfully demolished by the plaintiffs. Under these circumstances, the trial court held that the grant of injunction being discretionary the case was not a fit one for doing so. THE lower appellate court has affirmed the finding and the view taken by the trial court.