BABOO NARAYANLAL Vs. MANOHARLAL

JUDGEMENT

(1.) IN pursuance of my order in Miscellaneous Civil Case No. 410 of 1971, Shri jakatdar, learned counsel for the appellant and Shri R. K. Verma, learned counsel for the respondents, were heard again.

(2.) THIS second appeal arises from a suit for a permanent injunction to restrain the defendant from raising a wall on his own land and for its demolition in case the defendant erects a wall. The basis of the suit was that the plaintiff had acquired easement of eavesdropping from his house for the statutory period. The defendant resisted the suit. The trial Court found that the plaintiff had acquired a right of easement and passed a decree in favour of the plaintiff restraining the defendant from making any construction in any way so as "to affect the flow of the rain water from the plaintiff's house towards his land in suit". The rest of the plaintiff's claim was dismissed.

(3.) THE plaintiff appealed. The learned Judge of the first appellate Court modified the decree of the trial Court and held that since the plaintiff had a right of easement, the defendant could not make any construction on the land on which the water drops from the plaintiff's eaves. In the result, he ordered a mandatory injunction for demolition of the wall constructed by the defendant "so that the land in suit should remain an open piece of land as before". He directed the defendant to demolish the wall within two months from the date of the judgment; otherwise, it would be demolished through the process of the Court at the cost of the defendant.