DEVA KARAN SINGH Vs. MOHAN LAL

JUDGEMENT

(1.) This appeal is directed against judgment and decrees dated 23.7.1980 and 6.8.1980 passed by Sub Judge, 1st Class, Narnaul (hereinafter described as the 'Trial Court') and District Judge, Narnaul (hereinafter described as the 'Appellate Court'), respectively vide which the Trial Court dismissed the suit for permanent injunction filed by the appellant and the Appellate Court dismissed the appeal filed by him.

(2.) A perusal of the record shows that the appellant filed a suit for permanent injunction against the respondents restraining them from raising any construction in the gali situated towards the western side of his house and from closing the spouts, parnalas and ventilators etc. in the western wall of his house. He also prayed that the defendants (respondents herein) may be restrained from interfering with his right of user of gali in dispute. He averred that he is owner of the house marked as DEFG in the plan attached with the plaint situated in Mohalla Nai Sarai, Narnaul: that one spot and one ventilation on the ground floor of the house open towards west from the last 50 years that the spouts and ventilators on the first floor are in existence for the last 15 years: that he had constructed the ventilators in the first floor of the building after obtaining permission of Municipal Committee of Narnaul: that the water of the house has been flowing from the other spouts in the gali abutting his house: that the defendants are raising construction towards the western side of his house and are attempting to close the gali abutting the western wall of his house.

(3.) In their written statement, the defendants-respondent denied existence of gali towards western side of the house of the plaintiff appellant. They also denied the existence of any spout or ventilator on the ground or first floor of the house of the appellant. They further pleaded that the plaintiff-appellant had opened the ventilators in his house only about two-three years ago: that no water was flowing from the house of the plaintiff-appellant towards the western side; that the disputed gali belonged to them: slope of the plaintiff's house was towards east and natural flow of his house was on that side.