BRIJNARAYAN Vs. OMPALSINGH

JUDGEMENT

(1.) THE instant appeal by appellant/plaintiff under section 100 of CPC is directed against concurring judgment and decree dated 18.8.2005 passed by Second Additional District Judge to the Court of First Additional District Judge, Guna (M.P.) in Civil Appeal No.35 -A/2001 confirming the judgment and decree dated 23.12.2004 passed by Civil Judge, Class -II Chachoda in Civil Suit No. 26 -A/2002. Plaintiff's suit for declaration and permanent injunction has been dismissed.

(2.) FACTS relevant for disposal of this appeal are to the effect that plaintiff filed a suit inter alia contended that a plot ad -measuring 30x20 sq. ft. is of his ownership and possession. Plaintiff has constructed a house over it. On its north side there is a two storeyed house and at the back a house of three storeyed. On the western side, house of defendant is situated which is adjacent to plaintiff 's house. Defendant has constructed his house recently and raised construction up to the level of three storeyed. Earlier the plot was vacant plot over which the defendant has raised illegal construction. Initially two -storeyed were constructed and thereafter third storey was constructed. A pipeline is fitted on the wall at second floor of defendant 's house which travels around the plaintiff's house and due to leakage in pipeline it causes inconvenience to the plaintiff. It is submitted that defendant had no right to allow flow of wather through pipeline around that wall of the plaintiff's house. With the aforesaid pleadings, plaintiff filed suit for declaration and permanent injunction.

(3.) DEFENDANT filed written statement denying all plaint allegations. It is contended that in fact house was constructed way back in the year 1989 and the drainage system was installed at that time only with the permission of the competent authority. Suit is filed on imaginative facts only to harass the defendant.