RAJA RAM Vs. BAHADUR

JUDGEMENT

(1.) This is a defendant's second appeal in a suit for injunction.

(2.) The first respondent Bahadur since deceased and now represented by his widow and the second respondent Mst. Kishora who was also died and is now represented by her legal representative who were the plaintiffs in the suit giving rise to this second appeal. The third respondent Lachchman was the 7th defendant in the suit. The said plaintiff's prayed for three sets of injunction (1) a mandatory injunction for closing the doors, ventilators and windows which had been opened by the defendants in their houses towards the land in suit which bears the number C. K. 61/38A denoted by letters Ka Kha, Gha on the plaint map and lies to the east of the defendants' houses (2) prohibiting the defendants from interfering with the plaintiff's possession over the land in suit and (3) restraining the defendants from closing the Gali which lies to the south of the land in suit and from interfering with its use by the tenants of the plaintiffs. The plaintiffs also claimed in the alternative decree for possession over the land in suit.

(3.) The trial court decreed the suit for the second and the third injunctions but dismissed it in respect of the first of the above injunctions. The plaintiffs appealed to the District court from the dismissal to their suit in respect of the first injunction while the defendants appealed to the district court against decree of the trial court decreeing the suit for the last two injunctions in respect of the land in suit and the Gali. Both the appeals were heard by the court of the 1st Additional Civil Judge, Varanasi. The plaintiff's appeal being civil appeal No. 434 of 1966 was allowed and the first injunction directing the defendants to close the doors, ventilators and the windows was also decreed. The defendants appeal being civil appeal No. 4 of 1967 was dismissed and the decree of the trial court in respect of the second and the third injunctions was confirmed.