JAG NARAIN Vs. RAM DULARAY

JUDGEMENT

(1.) IN this appeal by the plaintiffs only one point is involved and it is this whether the appellants have a right to flow dirty and rainy water of their house situate in No. 402 in village Godhna, Pargana Ghiswa, district Jaunpur towards the well of the respondents close to plot No. 403 at the north-eastern corner of the house of the respondents. The appellants filed suit for injunction on 29-10-1965.

(2.) ON 28-8-1965, the respondent No. 1 filed a complaint against the two appellants and two other persons under Sections 277, 323 and 506 (later part) I.P.C. before the Nyaya Panchayat. ON 30-10-1965 a compromise Ex. A-1 was filed by the parties. According to the compromise the appellants agreed not to flow their water towards plot No. 403 and near the well of Ram Dulare respondent.

(3.) THE learned counsel for the respondents urged that this Court could not disturb the concurrent finding of fact on the question of alleged easementary right and that the said finding was not necessarily arrived at on the basis of compromise Ex. A-1. In this connection the learned counsel for the respondents also urged that there could be no easement in respect of a nuisance and that flowing of dirty water is nothing but a nuisance. Lastly, he contended that the compromise amounted to admission of the appellants and operated as an estoppel.