ABDUL HAKIM Vs. AHMAD KHAN

JUDGEMENT

(1.) This is defendants' appeal from a reversing decree dt. 2-9-1974 passed by the Additional District Judge, Guna, in Civil Appeal No. 86 of 1979 arising out of the decree dt. 11-7-69 of the Civil Judge Class II, Mungaoli, whereby the respondent's suit (C.S. No. 47-A/66 instituted on 4-7-66) for a mandatory injunction for closure of the 'nikas', 'mori' and 'Khidki' of the appellants newly constructed latrine was dismissed.

(2.) The following facts were admitted in the written statement. There is a 3' X 31/2' wide lane running east-west between the respondent's house to its north and the appellants' house to the south of the said lane at Athaipura Ward No. 7 in the town of Mungaoli. With the sanction of the Municipal Committee in 1964 the appellants opened a door in their house in the northern wing which is situated adjacent to, and along, the aforementioned lane. In 1965 the appellants applied to the Municipal Committee Mungaoli for sanction to construct a latrine in the northern wing of their house. (The respondent avers that he was then away from Mungaoli). The respondent's wife's objections to the proposed construction of the latrine were overruled. Then appellants constructed a latrine and appurtenant 'khidki' and 'mori' in the northern wing of their house and dug along a kucchi nali for receiving watery refuge - discharge from the 'mori' of the latrine in June 1965.

(3.) The respondent filed the suit in question on 4-7-66 alleging that the appellants had not started using the newly constructed latrine.