PREMBAI Vs. GHANSHYAM

JUDGEMENT

(1.) The Second Appeal has been filed at the instance of some of the defendants assailing the judgment and decree passed by learned two Courts below whereby the suit for injunction of the plaintiff/respondent No. 1 has been decreed.

(2.) The plaintiff filed a suit for injunction by pleading that he is having one plot admeasuring 30'.2" x 76'.10" which was purchased by him vide registered sale-deed dated 25-11-1978 and, hence, he is the owner of the said property. In para 2 it has been pleaded that on the northern side of his plot firstly there is an open land and thereafter the house of defendants is in existence. According to the plaintiff, the defendants are trying to open doors, windows and drains towards the plaintiff's plot which has been shown in the plaint map. Further it has been pleaded that, the defendants are not having any right, title or interest to open windows etc. on plaintiff's property and if they succeed, later on they may also claim their right of easement and may also start to flow the filthy water from drains. In para 5 of the plaint it has been pleaded by the plaintiff that on 1-4-1985 by inserting the flagstones (patiya) the defendants have built up a cantilever having 1.6' width and 35'. 8" length and when it was refrained by the plaintiff not to insert the flagstones (patiya) and also not to build any cantilever on it, they did not agree, as a result of which, he submitted a report on the same day in the police station. Further, it has been pleaded by the plaintiff that when on 2-4-1985 he started digging the plinth of his plot to erect east-west wall, defendants did not permit him and started quarrelling. Hence, a suit for injunction has been filed by plaintiff praying that defendants be restrained not to stop the plaintiff from digging the plinth of his plot and to erect the wall and further they should not open any doors, windows, drains, cantilever etc. on the plaintiff's plot and the cantilever which has been erected towards the plaintiff's plot be removed by them.

(3.) Defendant No. 1, defendants 2 to 7 and defendants 8, 9 and 10 filed their separate written statement.