RATNAKAR MOHAPATRA Vs. MAYADHAR SAMANTARAY

JUDGEMENT

(1.) Plaintiff is the appellant against a reversing judgment.

(2.) Plaintiff is the owner of plot no.11 appertaining to khata no.76 of mouza-Kundheibenta Sahi, P.S.-Puri ('A' schedule land). Defendant is the owner of adjacent plot no.12 appertaining to khata no.22 ('B' schedule land). The dispute pertains to eastern boundary of plot no.11 and western boundary of plot no.12 from north to south measuring 82' x 2' of land, part of 'B' schedule land. The plaintiff asserts that the rain water passes through the aforesaid plot since the time of his vendor's vendor. According to the plaintiff, the suit 'A' land originally belonged to one Suruji Bewa, who constructed her house. She sold the same on 26.12.1958, Ext.1, to Kulamani Rautara. Kulamani sold the property to Rajakishore Singh in the year 1963, Ext.2. Rajakishore sold to Krushna Mohan Rath on 29.2.1964. The plaintiff purchased the house from Krushna Mohan Rath on 31.7.70, Ext.5. The defendant purchased 'B' schedule property earlier to the plaintiff. He constructed a house after taking permission from Puri Municipality.

(3.) The defendant resisted the claim of the plaintiff. According to him, earlier the rain water was flowing through the passage, but was never used as scavenger passage. The plaintiff can make arrangement of 'Adi' for free flow of rain water. The specific case of the defendant is that the plaintiff constructed the house 10 to 15 years back and thus no easement accrued in his favour.