RAM KISHAN Vs. GRAM PANCHAYAT, DHOBRA AND OTHERS

JUDGEMENT

(1.) Plaintiff Ram Kishan who was successful in the trial court but has been non-suited by the lower appellate court has filed the instant second appeal.

(2.) Plaintiff-appellant filed suit against Gram Panchayat defendant No. 1 and its six Members Panchayat as defendants No. 2 to 7 (including respondents 2 and 3 herein). However, trial court judgment reveals that except defendant No. 1-Gram Panchayat, suit against other defendants was dismissed as withdrawn.

(3.) Plaintiff is owner of Haveli as depicted by letters ABCD in site plan Ex. PI. There is drain for discharge of waste water along wall BC of the plaintiffs Haveli flowing from north to south. The plaintiffs grievance is mat there is no provision for further flow of the waste water beyond point C with the result mat the dirty water accumulates near his Haveli and is causing damage to the Haveli. Accordingly, the plaintiff sought direction to defendant No. 1-Gram Panchayat to lay pipes for further flow of the dirty water under the phirni from point C to point E and to construct drain from point E to point F. The plaintiff also sought injunction restraining defendants from accumulating water in the phirni on southern side of plaintiff's Haveli.