KRISHAN LAL PLAINTIFF Vs. BARU AND OTHERS DEFENDANT

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree of the first appellant Court reversing on appeal those of the trial Judge and dismissing the suit of the plaintiff-appellant for permanent injunction restraining the defendant-respondents from obstructing or interfering with the flow of rainy water from the Parnala ('A' to 'B') as shown in the plan Ex P-1.

(2.) The facts :

(3.) Defendant-respondents (hereinafter the defendants) controverted the pleas of the plaintiff and pleaded that the house in question was in shambles and it did not belong to the plaintiff; that the site from where the water flows belongs to the defendants; that the plaintiff had not acquired any right of easement; that the plaintiff had no right to discharge water on the disputed site which formed part of Gher belonging to the defendants.