RAM LUBHAYA Vs. SUKHDEV CHAND

JUDGEMENT

(1.) PRESENT Regular Second Appeal against the concurrent findings of both the Courts below whereby the suit for mandatory injunction filed at the instance of plaintiff was decreed and appeal filed by the defendant was dismissed.

(2.) FOR the sake of convenience, the parties are being referred to as per their status before the Court of first instance.

(3.) THE detailed facts of the case have already been recaptured in the judgments of both the Courts below. However, relevant facts for the purpose of decision of present Regular Second Appeal that plaintiff filed suit of mandatory injunction for issuance of direction to defendant to close the 'parnala' and remove the water pipe fixed at point 'X' through which defendant discharged the rainy as well as dirty water of latrine of his house constructed by the defendant on second floor at point 'Y' as shown in the site plan and relief of mandatory injunction was also sought for issuance of direction to the defendant to close the window mark 'Z' of the room site plan constructed on the 1st floor. As per plaintiff, he is exclusive owner in possession of the property shown red in colour measuring 1 kanal 14 marlas. The defendant is having residential house towards west of property of plaintiff and daily use water of his house is falling into the street situated towards its western side. The defendant raised construction on the first floor of his house and opened a window of the eastern room towards the property of plaintiff despite objections having been raised by the plaintiff. Defendant constructed a latrine on second floor and put the rainy as well as water of latrine through the pipe. Defendant refused to admit the claim and as such necessity of suit.